Scanlan v. Gulick
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge-. (1) Under the evidence introduced the judgment of the trial court should have been for the defendant because: (a) The evidence shows that the respondent,Scanlan, had notice of the unrecorded deed from Alexander Weems and wife to- the appellant, Gulick, the deed of trust having been recorded and called to his attention in the abstract prior to his accepting of the deed of trust in which he claimed title, (b) He…
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Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge-. (1) Under the evidence introduced the judgment of the trial court should have been for the defendant because: (a) The evidence shows that the respondent,Scanlan, had notice of the unrecorded deed from Alexander Weems and wife to- the appellant, Gulick, the deed of trust having been recorded and called to his attention in the abstract prior to his accepting of the deed of trust in which he claimed title, (b) He also had actual notice from appellant that he had executed a deed to Weems conveying the land in question, which deed…
1Opinion of the CourtGraves, J.
Action in ejectment by respondent against appellant to recover a certain tract of land in Phelps county, worth about $600 fi> $1,000'. Petition is in the usual form. Answer was first a general denial, and then in a second count a specific plea of an outstanding title in one Alexander Weems. Replication, a denial of all new matter in answer.
The title passed regularly from the General Gov ernment to N. A. Wilson and W. I. Letton. On March 3, *4521899, Wilson and wife conveyed to appellant, and on February 4 Letton and wife conveyed to appellant, so that on March 3,1899, appellant had full…
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