Strain v. Murphy
Supreme Court of Missouri
Jlppeal from Dade Circuit Court. cited in argument Faust v. Echols et at., 4 Coldw. 397; Fleece v. Gordu,, 1 Dav. 306 ; McClain v. Winchester, 17 Mo. 49. I. The statute of 1864, to supply lost records, was a repeal of all common-law remedies upon lost judgments. It gives new and substantial remedies to the creditor. The statute does not, afford merely a cumulative remedy. Such an interpretation overthrows the reason of its enactment.
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Jlppeal from Dade Circuit Court. cited in argument Faust v. Echols et at., 4 Coldw. 397; Fleece v. Gordu,, 1 Dav. 306 ; McClain v. Winchester, 17 Mo. 49. I. The statute of 1864, to supply lost records, was a repeal of all common-law remedies upon lost judgments. It gives new and substantial remedies to the creditor. The statute does not, afford merely a cumulative remedy. Such an interpretation overthrows the reason of its enactment. It was intended to provide reeord evidence and leave nothing at the mercy of parol testimony. (Sedgw. Const. & Stat. Law, 113, 323; 5 Abb.,. N. Y., Dig. 94;…
1Opinion of the CourtAdams, Judge
This was an action of ejectment brought by the respondent against the appellant for several town lots in the town of Greenfield in Dade county. The petition and answer were in the usual form. The case was submitted to the court, and the finding and judgment were in favor of the respondent for the recovery of the possession of the lots, and damages and costs.
Both parties looked to one W. W. Holland as the common source of title. The appellant, however, did not connect himself or offer to connect himself with this title ; his object being merely to show an outstanding title derived from the…
2Cases cited3 opinions
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3Cited by16 opinions
- George v. MiddoughSupreme Court of Missouri · 1876
- Jones v. NicholsSupreme Court of Missouri · 1919
- Porter v. MarinerSupreme Court of Missouri · 1872
- Ozark Land & Lumber Co. v. FranksSupreme Court of Missouri · 1900
- Davis v. GreenSupreme Court of Missouri · 1890
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