Frank v. Drenkhahn
Supreme Court of Missouri
Error to Cafe Girardeau Circuit Court.—Hon. D. T. Hawkins, J udge. A conveyance to a fictitious grantee is void. Douthitt v. Stinson, 63 Mo. 268 ; Arthur v. Weston, 22 Mo. 383; Jackson v. Cory, 8 Johns. 385 ; German Land Asso. v.- Scholler, 10 Minn. 338. A grant to a corporation which has not been created or organized in pursuance to law, would be void for want of a grantee. 2 Washburn on Real Property, (2 Ed.) 589 ; Thomas v. Boerner, 25 Mo. 27 ; Thomas v. Wyatt, 31 Mo.…
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Error to Cafe Girardeau Circuit Court.—Hon. D. T. Hawkins, J udge. A conveyance to a fictitious grantee is void. Douthitt v. Stinson, 63 Mo. 268 ; Arthur v. Weston, 22 Mo. 383; Jackson v. Cory, 8 Johns. 385 ; German Land Asso. v.- Scholler, 10 Minn. 338. A grant to a corporation which has not been created or organized in pursuance to law, would be void for want of a grantee. 2 Washburn on Real Property, (2 Ed.) 589 ; Thomas v. Boerner, 25 Mo. 27 ; Thomas v. Wyatt, 31 Mo. 188; Muskingum Valley Turnfike Co. v. Ward, 13 Ohio 120. A deed to a partnership, as such, is not good. If the names of…
1Opinion of the CourtHough, C. J.
This is an action of ejectment. The plaintiff based his right to recover upon a paper title, and also upon a title claimed to have been acquired by him by adverse possession. The cause was tried by the court, without the aid of a jury, and the finding and judgment were for the defendants. The testimony relating to the adverse possession of the plaintiff was conflicting, and as no instructions appear to have been asked, given or refused, there is nothing for us to review as to that claim of title.
As to the paper title, both parties claimed under one John Scudder. The plaintiff offered in…
2Cited by5 opinions
- Catholic Church v. TobbeinSupreme Court of Missouri · 1884
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of ChristU.S. Circuit Court for the District of Western Missouri · 1894
- Ozark County School District R-V of Ozark County v. LayMissouri Court of Appeals · 1962
- State v. JenningsSupreme Court of Missouri · 1883