Holton v. Kemp
Supreme Court of Missouri
Appeal from Linn Circuit Court.—Hon. C. Roabdman, Spe^ cial Judge, The copy of the patent from the United States to Christian Purth alias Porth, should not have been admitted in evidence. It was not attested or certified as required by law, in order to render it admissible in evidence. 1 R. S. 1879, §§ 2285, 2286; Paiterson v.Winn, 5 Pet. (U. S.) 238. The deed from Christian Purth or Porth to Frazier should have been excluded.
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Appeal from Linn Circuit Court.—Hon. C. Roabdman, Spe^ cial Judge, The copy of the patent from the United States to Christian Purth alias Porth, should not have been admitted in evidence. It was not attested or certified as required by law, in order to render it admissible in evidence. 1 R. S. 1879, §§ 2285, 2286; Paiterson v.Winn, 5 Pet. (U. S.) 238. The deed from Christian Purth or Porth to Frazier should have been excluded. Its acknowledgment was insufficient under both the laws of Ohio and of this State. The plaintiffs having failed to show the legal title to the land, and having no right…
1Opinion of the Court
Philips, C.
This is an action of ejectment for the rer •covery of the possession of the southwest quarter of sec.tion 30, in township 57, range 18, situate in said county of Linn.
The answer tendered the general issue. It also pleaded that the plaintiff, Thos. J. Holton, jr., is a minor and has no legal capacity to sue. The petition was amended by striking out the name of Sabina B. Holton.
• The plaintiff at the trial offered the following evidence : 1. Copy of a patent, calling for the land in controversy, from the Hnited States to Christian Purth alias Porth. To this patent the defendant…
2Cases cited2 opinions
- Paramore v. LindseySupreme Court of Missouri · 1876
- Matthews v. CoalterSupreme Court of Missouri · 1846
3Cited by5 opinions
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- State Ex Rel. Dunklin County v. McKaySupreme Court of Missouri · 1930
- Sweitzer v. Allen Banking Co.Missouri Court of Appeals · 1898
- Craycroft v. W. G. Walker & Co.Missouri Court of Appeals · 1887
- Holladay-Klotz Land & Lumber Co v. T. J. Moss Tie Co.Missouri Court of Appeals · 1901