Allen v. Degroodt
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) Though a deed only takes effect from its delivery, the possession of the deed by the grantee is presumptive evidence of delivery. Green v. Yarnall, 6 Mo. 326. It is well settled that a delivery of a deed to a stranger for the use of the grantee is a good delivery. Carter v. Mills, 30 Mo. 439. The rule in Missouri is that delivery of a deed will be presumed as of the date of the acknowledgment.
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Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) Though a deed only takes effect from its delivery, the possession of the deed by the grantee is presumptive evidence of delivery. Green v. Yarnall, 6 Mo. 326. It is well settled that a delivery of a deed to a stranger for the use of the grantee is a good delivery. Carter v. Mills, 30 Mo. 439. The rule in Missouri is that delivery of a deed will be presumed as of the date of the acknowledgment. Fountaine v. Savings Inst., 57 Mo. 561. It is not necessary to the delivery of a deed that it should be actually handed to the grantee, or…
1Opinion of the CourtBlack, J.
This is an action of ejectment to recover four lots in Marshall S. Allen’s fifth addition to the city •of Louisiana. On the first trial there was a judgment for defendants, which was reversed by this court. 98 Mo. 159. There was a like result on the second trial, and the plaintiffs again appealed.
The plaintiffs put in evidence a deed from Betty Parry, dated the eighth of October, 1845, conveying to Marshall S. Allen one hundred and seventy acres of land for life, remainder to his children. This deed also makes provisions, hereafter mentioned, for John E. Allen and his wife during their lives.…
2Cases cited9 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Huey v. HueySupreme Court of Missouri · 1877
- Amos v. AmosIndiana Supreme Court · 1889
- Allen v. DeGroodtSupreme Court of Missouri · 1889
- Bowling's Heirs v. Dobyns' AdministratorsCourt of Appeals of Kentucky · 1837
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Brown v. BibbSupreme Court of Missouri · 1947
- Clark v. SkinnerSupreme Court of Missouri · 1934
- Givens v. OttSupreme Court of Missouri · 1909
- Willis v. RobinsonSupreme Court of Missouri · 1922
18 more not listed; retrieve them via the Exa API.