Willingham v. Hardin
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon.. G-. Porter, . Judge.. The following is the instruction- referred to in the= opinion : “ The record of the deed from Robert C. Mansfield to J. P. Clark, given in evidence by defendant as part, of his chain of title, being a quit-claim deed, defendant was bound to take notice of any defect in the title he was-getting, and he only took such title as Mansfield had at the time.
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Appeal from Audrain Circuit Court. — Hon.. G-. Porter, . Judge.. The following is the instruction- referred to in the= opinion : “ The record of the deed from Robert C. Mansfield to J. P. Clark, given in evidence by defendant as part, of his chain of title, being a quit-claim deed, defendant was bound to take notice of any defect in the title he was-getting, and he only took such title as Mansfield had at the time. Although no record appears of a deed from Smith and Mansfield to John "Willingham, the fact of no-'deed being of Record is not a defense to this action.”
1Opinion of the CourtSherwood, C. J.
Among the questions this record' presents, there is one which decisively dominates this, case, thus obviating all necessity for considering any other-The defendant exhibited in evidence a perfect paper title. Among the links in his chain of title, however, were several quit-claim deeds. The theory of an instruction asked by the plaintiffs but refused by the court was to the effect that defendant, in consequence of the foregoing facts, did not occupy a position such as he would have occupied had the déeds mentioned been other than quit-claim deeds. This theory was erroneous, as was expressly…
2Cases cited1 opinion
- Fox v. HallSupreme Court of Missouri · 1881
3Cited by10 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- State Bank v. FrameSupreme Court of Missouri · 1892
- Smith v. McClainIndiana Supreme Court · 1896
- Eoff v. IrvineSupreme Court of Missouri · 1891
- Munson v. EnsorSupreme Court of Missouri · 1887
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