Legal Opinion

Brecker v. Fillingham

Supreme Court of Missouri

Decided February 26, 1908PublishedCited by 3 opinions

Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhmney, Judge. (1) All records and exemplifications of office books kept in any public office of tbe United States, or of a sister State, not appertaining to a court, shall be evidence in this State, if attested by the keeper of said records or books and the seal of his office, if there be a seal.

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Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhmney, Judge. (1) All records and exemplifications of office books kept in any public office of tbe United States, or of a sister State, not appertaining to a court, shall be evidence in this State, if attested by the keeper of said records or books and the seal of his office, if there be a seal. R. S. 1899, sec. 30.98. (2) Where there is no substantial evidence to support the finding and judgment of the trial court, the appellant court will reverse the judgment. (1) While the evidence submitted at the trial by plaintiff and…

1Opinion of the CourtWoodson, J.

This action was brought in the circuit court of St. Louis county. The petition consists of two counts, one in ejectment, and one under the provisions of section 650, Revised Statutes 1899', to determine and quiet title to certain lands on what is known as “St. Charles Island” in the Missouri River.

The facts disclosed by the evidence may be briefly stated as follows: The island as originally surveyed by the Government contained about 385.01 acres, and consisted of parts of sections 5, 7, 8,17 and 18 in township 56 of range 5 east. By patent, dated January 14, 1836, the Government granted this…

2Cases cited5 opinions

  1. Culbertson v. HillSupreme Court of Missouri · 1885
  2. Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1903
  3. Weller v. WagnerSupreme Court of Missouri · 1904
  4. Dobbins v. HumphreysMissouri Court of Appeals · 1902
  5. Kittredge v. Chillicothe Loan & Building Ass'nMissouri Court of Appeals · 1903

3Cited by3 opinions

  1. Hecker v. BleishSupreme Court of Missouri · 1928
  2. State v. HendrixSupreme Court of Missouri · 1932
  3. Wellman v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909

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