Flournoy v. Warden
Supreme Court of Missouri
Error to Chariton Circuit Court. This was an action of ejectment begun in 1848, by Flournoy against Warden, for the south-east quarter of section 7, township 53, range 19, granted to John Smith, as bounty land for his services in the war of 1812 with Great Britain; and the question was, as to the identity of Smith, the plaintiff’s grantor, with Smith, the patentee. . On the trial before the court, without a jury, on the general issue, the plaintiff gave the following…
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Error to Chariton Circuit Court. This was an action of ejectment begun in 1848, by Flournoy against Warden, for the south-east quarter of section 7, township 53, range 19, granted to John Smith, as bounty land for his services in the war of 1812 with Great Britain; and the question was, as to the identity of Smith, the plaintiff’s grantor, with Smith, the patentee. . On the trial before the court, without a jury, on the general issue, the plaintiff gave the following evidence of title: 1. A patent, dated May 5, 1819, from the United States to John Smith, a private in Boyle’s corps of…
1Opinion of the CourtScott, Judge
1. The principle that the identity of the grantor in a deed shall be presumed from proof of the execution of the instru-' ment by one of the same name, is founded on the experience of its correctness and its convenience. Laws are made for cases quae frequentius accidunt, and because they are not adapted to circumstances which may sometimes exist, they are not to give way and let a few exceptions form the rule. If the presumption of the identity of person from identity of name should be discarded, it is obvious that, in a great many cases, Suitors would be put to unnecessary trouble in proving…
2Cases cited4 opinions
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Jackson ex dem. Bogert v. KingNew York Supreme Court · 1825
- Brown v. KimballNew York Supreme Court · 1840
- Robards v. WolfeCourt of Appeals of Kentucky · 1833
3Cited by16 opinions
- Kelly v. Consolidated UnderwritersCourt of Appeals of Texas · 1927
- Sharp v. SharpIllinois Supreme Court · 1928
- State v. MooreSupreme Court of Missouri · 1875
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
- MATTHEW ALEXANDER NICHOLSON and JAILYN MARCHAI NICHOLSON, Plaintiffs-Respondents v. SURREY VACATION RESORTS, INC.Missouri Court of Appeals · 2015
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