Shanklin v. McCracken
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. ' (1) No particular form or ceremony was essential to constitute tbe delivery of tbe deeds from James McCracken and wife to John A. McCracken. It could be accomplished by acts or words or both. Crowder v. Searcy, 103 Mo. 97; Sneathen v. Sreathen, 104 Mo. 201; Tyler v. Hall, 106 Mo. 313; Rumsey v. Otis, 133 Mo. 85; Younge v. Guilbeau, 3 Wall. 636..
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Appeal from Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. ' (1) No particular form or ceremony was essential to constitute tbe delivery of tbe deeds from James McCracken and wife to John A. McCracken. It could be accomplished by acts or words or both. Crowder v. Searcy, 103 Mo. 97; Sneathen v. Sreathen, 104 Mo. 201; Tyler v. Hall, 106 Mo. 313; Rumsey v. Otis, 133 Mo. 85; Younge v. Guilbeau, 3 Wall. 636.. (2) Tbe delivery of tbe deeds could be made even though, they were never in tbe bands of John A., but remained in tbe bands of James McCracken. Standiford v. Standiford, 97 Mo. 231;…
1Opinion of the CourtMarshall, J.
This case is here upon second appeal. Upon the first trial in the circuit court the plaintiffs obtained judgment, which was reversed by this court on appeal because of the exclusion by the circuit court of the testimony' of Catherine McCracken, widow of John A. McCracken, as to *595tlie delivery of a deed to hex husband by her son James Mc-Cracken. [140 Mo. 348.] On a trial anew in the circuit court the plaintiffs again had judgment and defendants ap" pealed.
The facts briefly stated are these: On and prior to June 19th, 1888, James McOracken was heavily in debt. Lie owed his father, John A.…
2Cases cited17 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Lukins v. AirdSupreme Court of the United States · 1867
- Beidler v. CraneIllinois Supreme Court · 1890
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Sims v. GainesSupreme Court of Alabama · 1879
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3Cited by4 opinions
- Albert v. Van FrankMissouri Court of Appeals · 1901
- Bruegge v. BedardMissouri Court of Appeals · 1901
- Jack Harvard Zinc & Mining Co. v. Continental Zinc & Lead Mining & Smelting Co.Missouri Court of Appeals · 1904
- Wolfsberger v. MortMissouri Court of Appeals · 1904