Graves v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) Where the deed expresses a consideration, the grantor is estopped to deny the title passed Avhether the consideration is paid or not, and no use can be raised in the grantor. Bobb v. Bobb, 7 Mo. App. 501. An ac-lcnoAvledgment is not necessary to the validity of the deed as between the parties. The purpose of the acknoAvledgment is- to make the deed admissible to record.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) Where the deed expresses a consideration, the grantor is estopped to deny the title passed Avhether the consideration is paid or not, and no use can be raised in the grantor. Bobb v. Bobb, 7 Mo. App. 501. An ac-lcnoAvledgment is not necessary to the validity of the deed as between the parties. The purpose of the acknoAvledgment is- to make the deed admissible to record. Louisville v. Greene, 165 Mo. 308. (2) As to the second count in plaintiff’s petition, defendant’s objection to the introduction of testimony should have been…
1Opinion of the CourtBland, P. J.
1. (after stating the facts). The objection interposed to the admission of the deed in evidence was a decision of the Supreme Court in the case of the Southern Missouri & Arkansas Railroad Company against plaintiffs herein (182 Mo. 211). The purpose of that suit was to compel the plaintiffs to acknowledge the deed. The circuit court denied the relief and the Supreme Court affirmed the judgment, on the ground that the evidence tended to show the signatures of plaintiffs to the deed were obtained through false and fraudulent representations. The defendants (plaintiffs here) did not ask for…
2Cases cited8 opinions
- Boeckler v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1881
- Wayland v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Bobb v. BobbMissouri Court of Appeals · 1879
- Hannibal & St. Joseph Railroad v. GreenSupreme Court of Missouri · 1878
- Novelty Manufacturing Co. v. PrattMissouri Court of Appeals · 1886
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3Cited by1 opinion
- Nicket v. St. Louis, Memphis & Southern RailroadMissouri Court of Appeals · 1909