Allen v. King
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. The confirmation to the legal representatives of Hardy-Ware enured to the benefit of William Clark. The Supreme Court of this State held, in Landis v. Perkins, 12 Mo. 239, that the sale on execution of an unconfirmed claim to lands passed the title to the purchaser at the sale as assignee of the settler. (12 Mo. 239 ; 22 Mo. 55 ; 22 Mo. 66; 27 Mo. 445; 24 Mo. 585.) II.
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Error to Jefferson Circuit Court. I. The confirmation to the legal representatives of Hardy-Ware enured to the benefit of William Clark. The Supreme Court of this State held, in Landis v. Perkins, 12 Mo. 239, that the sale on execution of an unconfirmed claim to lands passed the title to the purchaser at the sale as assignee of the settler. (12 Mo. 239 ; 22 Mo. 55 ; 22 Mo. 66; 27 Mo. 445; 24 Mo. 585.) II. Although the deed has not been recorded, yet the judicial sale acknowledged of record is sufficient notice of record, so as to deprive purchasers of the plea of innocent purchase. (10 How.…
1Opinion of the CourtBates, Judge
This was an action instituted by plaintiff in error against *221defendants in error, for the recovery of the south half of the United States survey No. 2020, originally confirmed to Hardy Ware’s legal representatives. The case was submitted to the court without a jury. On the trial, the plaintiff in error read in evidence the confirmation of the land in controversy to Hardy Ware’s legal representatives, dated Nov. 12,1812 : Deed from Hardy Ware to John Brinley, dated the-day of October, 1805 ; deed from Brinley to James Smirl, dated the-day of October, 1805; copy of deed from Hardy Ware to John…
2Cases cited1 opinion
- Allen v. MossSupreme Court of Missouri · 1858
3Cited by1 opinion
- Ryan v. CarrSupreme Court of Missouri · 1870