Smiley v. Cockrell
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P„ Strother, Judge. (1) The circuit court erred in admitting the records of the deeds and mortgages instead of the originals. If the original deeds, or mortgages, were lost or destroyed, proof of their loss or destruction should have been made.
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Appeal from Pettis Circuit Court. — Hon. J. P„ Strother, Judge. (1) The circuit court erred in admitting the records of the deeds and mortgages instead of the originals. If the original deeds, or mortgages, were lost or destroyed, proof of their loss or destruction should have been made. If they were in existence, but not in possession or power of respondents, steps should have been taken to procure them, or, at least, evidence should have been introduced to account for their non-production in some way. And, even had respondents proved all these things, then a certified copy of the record…
1Opinion of the CourtSherwood, J.
This case was here on a former occasion. Smiley v. Smiley, 80 Mo. 44. It was an equitable proceeding to set aside for fraud the final .settlement of Geo. W. Smiley, as administrator of H. W. Smiley, and for an accounting. Geo. W. Smiley having died after service of summons, the proceeding was revived against his executors, the present defendants — Green S. Cockrell and Wm. M. Henderson. The suit was instituted in 1877, service being had on Geo. W. Smiley and one of the securities on his bond as administrator, James W. Beaman, in April of that year. The other surety, Hunter, was not served. In…
2Cases cited9 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Tower v. MooreSupreme Court of Missouri · 1873
- Davis v. DavisSupreme Court of Missouri · 1843
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3Cited by13 opinions
- State v. WearSupreme Court of Missouri · 1898
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Lilly v. MenkeSupreme Court of Missouri · 1898
- State Ex Rel. Lefholz v. McCrackenMissouri Court of Appeals · 1936
8 more not listed; retrieve them via the Exa API.