Legal Opinion

Chouteau v. Allen

Supreme Court of Missouri

Decided October 15, 1879PublishedCited by 77 opinions

Appeal from Mississippi Circuit Court. — Hon. D. L. Hawkins, Judge. This is a suit commenced in the circuit court of Mississippi county on December 16th, 1871, by Charles P. Chouteau, praying judgment upon certain alleged bonds and coupons of the Cairo & Fulton Railroad Company of Missouri, claimed to be owned by the plaintiff, and for foreclosure'of a certain deed of -trust alleged to have been executed by said company to secure said bonds and coupons, and covering lands in…

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Appeal from Mississippi Circuit Court. — Hon. D. L. Hawkins, Judge. This is a suit commenced in the circuit court of Mississippi county on December 16th, 1871, by Charles P. Chouteau, praying judgment upon certain alleged bonds and coupons of the Cairo & Fulton Railroad Company of Missouri, claimed to be owned by the plaintiff, and for foreclosure'of a certain deed of -trust alleged to have been executed by said company to secure said bonds and coupons, and covering lands in the counties of Stoddard, Scott, Dunklin and Butler. The defendants .are Thomas Allen,' Henry H.Bedford, John Wilson,…

1Opinion of the CourtSherwood, C. J.

Our first point of inquiry will be as to the validity of the deeds of trust, which the plaintiff seeks to foreclose, because, if no title passed by such deeds it would be altogether futile to make further inquiry.

1. Deed. We discover no objection either to the form, of these deeds or their respective certificates of acknowledgment, since it clearly appeal's that the Cairo & Pulton Railroad Company is the grantor, and the corporate seal is duly affixed by the president of the company. Deeds far less formal than these have been regarded as sufficient by this and other courts. McClure v.…

2Cases cited23 opinions

  1. Markham v. . JaudonNew York Court of Appeals · 1869
  2. Hoyt v. . Thompson'sNew York Court of Appeals · 1859
  3. Stearns v. MarshNew York Supreme Court · 1847
  4. First National Bank v. GaySupreme Court of Missouri · 1876
  5. Gordon v. PrestonSupreme Court of Pennsylvania · 1833

18 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  2. Tenison v. PattonTexas Supreme Court · 1902
  3. McPherrin v. TittleSupreme Court of Oklahoma · 1913
  4. Springer v. KleinsorgeSupreme Court of Missouri · 1884
  5. Mathias v. O'NeillSupreme Court of Missouri · 1887

72 more not listed; retrieve them via the Exa API.

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