Tyler v. Hall
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The deed from Sylvester Hall to George L. Hall being duly executed and acknowledged and in the possession of the grantee, there was prima facie evidence of delivery. Terhune v. Oldis, 44 N. J. Eq. 146; s. c., 14 Atl.
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Appeal from Henry Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The deed from Sylvester Hall to George L. Hall being duly executed and acknowledged and in the possession of the grantee, there was prima facie evidence of delivery. Terhune v. Oldis, 44 N. J. Eq. 146; s. c., 14 Atl. Rep. 638. (2) “The question of delivery being one of fact, and possession being only primary evidence of delivery, he who disputes such facts may rebut the presumption arising from possession by showing that there has in fact been no delivery; but it has been said that, when a deed is found in the possession of…
1Opinion of the CourtMacfarlane, J.
The action is ejectment to recover a tract of land in Johnson county. The answer admitted the possession and denied all other allegations.
Sylvester Hall, deceased, was the common source •of title. Previous to his death, he owned the tract of land in controversy, and died seized of large tracts of land in Johnson and Pettis counties, leaving his widow and three children, George L. Hall being one of them. The widow took a child’s part of the estate.
Plaintiff read in evidence a deed from defendant Hall to himself, dated the eighth day of August, 1885, describing therein about sixteen hundred…
2Cases cited7 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Huey v. HueySupreme Court of Missouri · 1877
- Jackson ex dem. Haverly v. FrenchNew York Supreme Court · 1829
- Scott v. ScottSupreme Court of Missouri · 1888
- Turner v. CarpenterSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State Ex Rel. Cain v. BarkerSupreme Court of Missouri · 1976
- Tanner v. SmithMontana Supreme Court · 1934
- Hagan v. EllisSupreme Court of Florida · 1897
- Hall v. HallSupreme Court of Missouri · 1891
- Stanton v. JonesSupreme Court of Missouri · 1933
31 more not listed; retrieve them via the Exa API.