Legal Opinion

Anderson v. Cole

Supreme Court of Missouri

Decided March 31, 1911PublishedCited by 18 opinions

Appeal from Reynolds Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The court erred in holding that there was no evidence that Swope, plaintiff’s grantor, who acquired by deed, prior of record, but subsequent of date, was a purchaser for value.

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Appeal from Reynolds Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The court erred in holding that there was no evidence that Swope, plaintiff’s grantor, who acquired by deed, prior of record, but subsequent of date, was a purchaser for value. The recital in the deed of the payment of a consideration is sufficient evidence of the giving of value.- Ward v. Isbill, .73 Hun (N. Y.) 550; Ryder v. Rush, 102 111. 338; Roll v. Rea, 50 N. J. L. 264; Allen v. Kennedy, 91 Mo. 324; Drey v. Doyle, 99 Mo. 459; Strong v. Whybark, 204 Mo. 341. (2) The deed to Swope was dated January 8, 1878, and…

1Opinion of the CourtWoodson, J.

— This is an ejectment suit, instituted by the plaintiff in the circuit court of Reynolds county, against the defendant, to recover the possession of parts of lot one of the northwest quarter of section three, and the east half of lot one of the northeast quarter of section four, township thirty-three north, range two east.

The petition was in conventional form, and the answer consisted of a general denial and a plea of res adjudicata, which set up a former judgment in au *3ejectment suit between the same parties involving the same land. Upon defendant’s motion this plea was by the court…

2Cases cited17 opinions

  1. Wood v. . ChapinNew York Court of Appeals · 1856
  2. Fulkerson v. HolmesSupreme Court of the United States · 1886
  3. Davis v. GainesSupreme Court of the United States · 1881
  4. Allen v. KennedySupreme Court of Missouri · 1886
  5. Bobb v. BobbSupreme Court of Missouri · 1886

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3Cited by18 opinions

  1. Brown v. WeareSupreme Court of Missouri · 1941
  2. Armor v. LewisSupreme Court of Missouri · 1913
  3. Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
  4. State v. BassSupreme Court of Missouri · 1913
  5. Bidwell v. McCuenSupreme Court of Iowa · 1918

13 more not listed; retrieve them via the Exa API.

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