Legal Opinion

Howell v. Jump

Supreme Court of Missouri

Decided July 6, 1897PublishedCited by 15 opinions

Appeal from, Greene Circuit Court. — HoN. James T. Neville, Judge. (1) The presumption should be indulged that Dollison had in his mind a grantee living to whom he could deliver the deed when he made it. Identity of name is grima facie identity of person. Flournoy v. Warden, 17 Mo. 435; State v. Moore, 61 Mo. 276; Gitt. v. Watson, 18 Mo. 274; Globe Printing Co. v. Stahl, 23 Mo. App. 455; Hoyt v. Davis, 21 Mo.

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Appeal from, Greene Circuit Court. — HoN. James T. Neville, Judge. (1) The presumption should be indulged that Dollison had in his mind a grantee living to whom he could deliver the deed when he made it. Identity of name is grima facie identity of person. Flournoy v. Warden, 17 Mo. 435; State v. Moore, 61 Mo. 276; Gitt. v. Watson, 18 Mo. 274; Globe Printing Co. v. Stahl, 23 Mo. App. 455; Hoyt v. Davis, 21 Mo. App. 235; Barrett v. Donnelly, 38 Mo. 492,494,495; Railroad v. Clark, 68 Mo. 371. (2) The first administration began in 1854 and a final settlement was made in 1857, and approved and the…

1Opinion of the CourtMacfarlane, J.

This is a suit in equity to establish in plaintiff the title to a tract of land in Springfield. The petition is as follows:

“The plaintiffs state that heretofore, to wit, in 1854 one James Dollison, now deceased, was the owner of the following real estate, situate in Greene county, Missouri, to wit: [Here follows a description of this land.] That said Joseph Cates died in the latter part of 1854, and at and prior to his death said Cates was in possession of the property aforesaid, claiming it as his own; that during the year 1854 said James Dolli-son had made a contract in writing with said…

2Cases cited7 opinions

  1. Farrar v. DeanSupreme Court of Missouri · 1856
  2. Bliss v. PrichardSupreme Court of Missouri · 1877
  3. Brawford v. WolfeSupreme Court of Missouri · 1890
  4. Macey v. StarkSupreme Court of Missouri · 1893
  5. Rogers v. JohnsonSupreme Court of Missouri · 1894

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3Cited by15 opinions

  1. Hall v. FrenchSupreme Court of Missouri · 1901
  2. Powell v. BowenSupreme Court of Missouri · 1919
  3. State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
  4. Smith v. HaugerSupreme Court of Missouri · 1899
  5. Steedman v. United StatesUnited States Court of Claims · 1927

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