Legal Opinion

Mattison v. Ausmuss

Supreme Court of Missouri

Decided August 15, 1872PublishedCited by 5 opinions

Error to Linn Circuit Court. Both defendant and plaintiff claim title under Peter Ausmuss, and the defendant will not be permitted to deny that he had title after buying from him. (11 Moore, 394; Brown v. Brown, 45 Mo. 415; Jackson et at. v. Walker, 7 Cow. 637; Whiteside v. Jackson, 1 Wend. 419; Galloway v. Einley et at., 12 Pet, 294; 2 Greenl. Ev., § 305; Jackson v. Norris, 7 Cow. 717; Hamilton v. Taylor, Litt. Sel. Cas. 444; Doe v. Burton, 6 Eng.

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Error to Linn Circuit Court. Both defendant and plaintiff claim title under Peter Ausmuss, and the defendant will not be permitted to deny that he had title after buying from him. (11 Moore, 394; Brown v. Brown, 45 Mo. 415; Jackson et at. v. Walker, 7 Cow. 637; Whiteside v. Jackson, 1 Wend. 419; Galloway v. Einley et at., 12 Pet, 294; 2 Greenl. Ev., § 305; Jackson v. Norris, 7 Cow. 717; Hamilton v. Taylor, Litt. Sel. Cas. 444; Doe v. Burton, 6 Eng. Law & Eq. 325.) I. Neither the plaintiff nor the defendant having shown legal title to the premises in question, the party showing the elder…

1Opinion of the CourtBliss, Judge

In an action for possession of a quarter-section of prairie land, the plaintiff first showed a quit-claim deed from one Moore, dated April 17, 1869 ; that Moore had before erected a cabin upon the land, and that he, the plaintiff, went into possession and made improvements. He also, in order to estop the defendant from setting up an adverse right, offered in evidence a quit-claim deed from himself to one Peter Ausmuss, dated June 16, 1869, and a trust deed to secure thé consideration-of the same, together with a deed to the plaintiff from the trustee, and also a deed of the same premises from…

2Cases cited2 opinions

  1. Landes v. PerkinsSupreme Court of Missouri · 1848
  2. Cutter v. WaddinghamSupreme Court of Missouri · 1862

3Cited by5 opinions

  1. Mather v. WalshSupreme Court of Missouri · 1891
  2. Wilcoxon v. OsbornSupreme Court of Missouri · 1883
  3. Van Gilder v. . BullenSupreme Court of North Carolina · 1912
  4. Waddell v. Chapman and ThomassonSupreme Court of Missouri · 1922
  5. Crumb v. WrightSupreme Court of Missouri · 1888

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