Potter v. Adams
Supreme Court of Missouri
Appeal from Morgan Circuit Court. (1) Even if it were admitted that John Hupp and wife had made and delivered a deed to Thomas Baine prior to the time they made the deed in evidence, to Evaline E. Baine, on the eleventh day of May, 1867, yet it stands uncontradicted and undisputed, from plaintiffs’ own evidence, that, if any such deed ever existed, it was delivered up and destroyed by the mutual consent of the parties to' it, and the deed , to Mrs. Baine made in lieu of it.
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Appeal from Morgan Circuit Court. (1) Even if it were admitted that John Hupp and wife had made and delivered a deed to Thomas Baine prior to the time they made the deed in evidence, to Evaline E. Baine, on the eleventh day of May, 1867, yet it stands uncontradicted and undisputed, from plaintiffs’ own evidence, that, if any such deed ever existed, it was delivered up and destroyed by the mutual consent of the parties to' it, and the deed , to Mrs. Baine made in lieu of it. While this may not have, technically, reinvested John Hupp with the title to the land in dispute, it yet had the effect…
1Opinion of the CourtBlack, P. J.
The plaintiffs are the widow and heirs of Samuel W. Potter. They brought this action to recover one hundred and twenty acres of land in Morgan county. All parties claim under John Hupp.
The plaintiff’s evidence tends to show that John Hupp sold the land in February, 1866, to Thomas Baine; that Baine and his wife moved upon the land at that date, and continued to reside thereon until 1879 or 1880, a period of about fourteen years; that Hupp executed and delivered a deed, dated in February, 1866, conveying the land to Thomas Baine, which deed was never recorded; and, to defraud his creditors,…
2Cases cited1 opinion
- Speer v. SpeerIndiana Supreme Court · 1855
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- City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900
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