Kelley v. Vandiver
Missouri Court of Appeals
Appeal from the New Madrid Circuit Court. — Hon. H. C. Riley, Judge. The recording of the patent from Dunklin county to David Cagle in a record kept by the county clerk, and known as “Book of Patents,” was not constructive notice to subsequent purchasers from Dunklin county. Martindale on Conveyancing, sec. 271, n. 4; Wendell v. Matthews, 20 Johns.
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Appeal from the New Madrid Circuit Court. — Hon. H. C. Riley, Judge. The recording of the patent from Dunklin county to David Cagle in a record kept by the county clerk, and known as “Book of Patents,” was not constructive notice to subsequent purchasers from Dunklin county. Martindale on Conveyancing, sec. 271, n. 4; Wendell v. Matthews, 20 Johns. (N. Y.) 658; Barney v. Little, 15 Iowa, 532; Washburn v. Bernham, 63 N. Y. 134, 135; Boyd v. Schlesinger, 59 N. Y. 309; Wade on Notice, secs. 6 and 103; Webb on Record Title, see. 125. The title to real estate may be tried in an action of replevin.…
1Opinion of the Court
Biggs, J. —
This is an action of replevin to recover the possession of a lot of staves which the defendants had manufactured out of timber cut from land in Dunklin county. The suit was instituted before a justice of the péace in Dunklin county on the twenty-sixth day of August, 1891. Upon the answer and affidavit of the defendants that they and the plaintiffs claimed the land from which the timber was cut under adverse titles the justice certified the cause to the circuit court. After many continuances and two or three changes of venue the case was finally tried in the circuit court of New…
2Cases cited10 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Spooner v. RossMissouri Court of Appeals · 1887
- Fischer v. JohnsonSupreme Court of Missouri · 1897
- Bourland v. County of PeoriaIllinois Supreme Court · 1855
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3Cited by4 opinions
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- Royal Finance Co. v. SchaeferMissouri Court of Appeals · 1959