Rogers v. Carey
Supreme Court of Missouri
Error to First District Court. The Circuit Court erred in refusing to allow the deed from Alexander to Carey and Stevens to be read in evidence. The land it described had been sold to Carey and Stevens, and they had entered into possession of same. The sale to Carey and Stevens and entry into the premises was a delivery and accept-. anee-of the deed. Although the deed remained in Alexander’s custody, it was constructively delivered, and he was a mere bailee J thereof.
Read the full summary
Error to First District Court. The Circuit Court erred in refusing to allow the deed from Alexander to Carey and Stevens to be read in evidence. The land it described had been sold to Carey and Stevens, and they had entered into possession of same. The sale to Carey and Stevens and entry into the premises was a delivery and accept-. anee-of the deed. Although the deed remained in Alexander’s custody, it was constructively delivered, and he was a mere bailee J thereof. (12 Johns. 536; 13 Johns. 285; 3 Mason, 398; 5 Humph. 411.) Actual delivery of the deed was not necessary to pass title to…
1Opinion of the CourtBliss, Judge
This is an action of ejectment by one who claims title through a purchase at sheriff’s sale upon execution. Some years since, one Alexander sold to Carey and Stevens, the execution defendants, a lot of land, claimed to be the one in controversy, but in drawing his deed described another parcel of land. Afterward judgments were rendered against said Carey and Stevens, and the land, as described in the deed, was bid in by one Robinson, who by the same description conveyed to defendants. Burke, the attorney for the plaintiffs in execution, was advised of this alleged *234error in the description,…
2Cases cited16 opinions
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Rathbun v. RathbunNew York Supreme Court · 1849
- Brant v. RobertsonSupreme Court of Missouri · 1852
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. EmswellerWest Virginia Supreme Court · 1916
- Allen v. DegroodtSupreme Court of Missouri · 1891
- Hall v. HallSupreme Court of Missouri · 1891
- Morgan v. BouseSupreme Court of Missouri · 1873
- State v. . GriffisSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.