Legal Opinion

Harwood v. Tracy

Supreme Court of Missouri

Decided December 16, 1893PublishedCited by 6 opinions

Appeal from Clinton Circtiit Court. — Hon. James M. Sandusky, Judge. (1) The court erred in admitting in evidence the record of the county court to prove the appointment of Baubie and the facts authorizing his appointment. 1 Wharton on Evidence [1 Ed.], page and section 639; Haile v. Palmer, 5 Mo. 403; Lathrop v. Baubie, 106 Mo. 470. (2) Unless the deed to McDaniel and the entry in the county court records rest in Baubie the legal title to the northwest quarter and west half…

Read the full summary

Appeal from Clinton Circtiit Court. — Hon. James M. Sandusky, Judge. (1) The court erred in admitting in evidence the record of the county court to prove the appointment of Baubie and the facts authorizing his appointment. 1 Wharton on Evidence [1 Ed.], page and section 639; Haile v. Palmer, 5 Mo. 403; Lathrop v. Baubie, 106 Mo. 470. (2) Unless the deed to McDaniel and the entry in the county court records rest in Baubie the legal title to the northwest quarter and west half of the northeast quarter, of section' 23, township 57, of range 30, the judgment is for the wrong party. The deed vests…

1Opinion of the CourtQ-antt, P. J.

Ejectment for an unnumbered tract or square of land in the city of Cameron, Clinton-county, Missouri, bounded on the east by Cherry *633street, on the south by North street, on the west by Pine street, and on the north by Second street.

Plaintiff: deraigned title as follows: It was admitted that Edward M. Samuel and Samuel McOorkle are the common source of title. The city of Cameron is laid out on a part of a tract of land, consisting of two hundred and forty acres, owned by said Samuel and MeCorkle. On the 'third day of April, 1855, said Samuel and McOorkle and their wives made and delivered to…

2Cases cited4 opinions

  1. People ex rel. Dunham v. MorganIllinois Supreme Court · 1878
  2. Morrison v. KellyIllinois Supreme Court · 1859
  3. Dodson v. ScroggsSupreme Court of Missouri · 1871
  4. Leman v. ShermanIllinois Supreme Court · 1886

3Cited by6 opinions

  1. Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
  2. King v. SmithCourt of Appeals for the Ninth Circuit · 1918
  3. McNutt v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1904
  4. In re the Trust Estate of CarterHawaii Supreme Court · 1918
  5. Kekoa Ex Rel. Enomoto v. Supreme CourtHawaii Supreme Court · 1973

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API