Hume v. Hopkins
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Ho ok ad at, Judge. (1) The court erred in admitting the record copy of the deed of trust from Peter Haden to Goodding, trustee. The best evidence was the original deed itself, and a copy was not admissible till the original was first proven to be lost or destroyed.
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Appeal from Boone Circuit Court. — Hon. John A. Ho ok ad at, Judge. (1) The court erred in admitting the record copy of the deed of trust from Peter Haden to Goodding, trustee. The best evidence was the original deed itself, and a copy was not admissible till the original was first proven to be lost or destroyed. The plaintiff testified that he had the deed of trust among his papers somewhere, and that he had only looked for it once, and that was four months before this suit was brought. He did not know whether it was lost or destroyed, or whether he still had it or his agent Quinn had it;…
1Opinion of the CourtMacfarlane, J.
This is an action of ejectment tu recover the possession of lot number 238 in the city of Columbia, in Boone county. The petition is in the form usual in such suits.
The answer, after a general denial, contains some special averments the legal effect of which we construe to be that plaintiff claims title under a trustee’s deed, made under power contained in a deed of trust executed by one Peter Haden to secure a note made to one Fyfer. That defendant and her mother now deceased bought the land and paid for it, and the title thereto, without her knowledge, was made to the said Haden who was the…
2Cases cited9 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Hickman v. GreenSupreme Court of Missouri · 1894
- Ess v. GriffithSupreme Court of Missouri · 1897
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Sabine v. LeonardSupreme Court of Missouri · 1959
- Wilson v. FrostSupreme Court of Missouri · 1905
21 more not listed; retrieve them via the Exa API.