Legal Opinion

Seibel v. Higham

Supreme Court of Missouri

Decided January 14, 1909PublishedCited by 25 opinions

Appeal from Crawford Circuit Court. — Eon. L. B. Woodside, Judge. (1) A deed delivered without the consent of the grantor has no more effect to pass title than if it were a forgery, or had been stolen. Houston L. & T. Co. v. Hubbard, 85 S. W. 474. (2) Where a deed is delivered as an escrow, it is of no force till the condition is performed.

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Appeal from Crawford Circuit Court. — Eon. L. B. Woodside, Judge. (1) A deed delivered without the consent of the grantor has no more effect to pass title than if it were a forgery, or had been stolen. Houston L. & T. Co. v. Hubbard, 85 S. W. 474. (2) Where a deed is delivered as an escrow, it is of no force till the condition is performed. G-off v. Roberts, 72 Mo. 572. (3) A deed left in escrow, and grantee obtained possession of same fraudulently, and then transferred by deed to innocent purchaser, conveys no title to grantee or those claiming under him. Taylor v. Davis, 72 Mo. 291. (4)…

1Opinion of the CourtValliant, J.

This is a suit in equity to set aside certain deeds to land in Crawford county, alleged to have been procured by fraud.

There is little, if any, dispute as to the facts. The land in question is mining property. The Copper Hill Mining & Smelter Company, a corporation, is the source of title. The affairs of that corporation were under the management of a board of directors composed of Phillip Seibel, John Boepple, Conrad H. Meyer and Charles C. Higham. John Boepple has since died and his widow Christine and two children Emma and John ar.e, together with Phillip. Seibel, the plaintiffs in this…

2Cases cited3 opinions

  1. Sneathen v. SneathenSupreme Court of Missouri · 1891
  2. McNear v. WilliamsonSupreme Court of Missouri · 1902
  3. Taylor v. DavisSupreme Court of Missouri · 1880

3Cited by25 opinions

  1. Rains v. MoulderSupreme Court of Missouri · 1936
  2. Blackburn v. McCoyCalifornia Court of Appeal · 1934
  3. Showalter v. SpangleWashington Supreme Court · 1916
  4. Los Angeles Trust & Saving Bank v. WardCalifornia Supreme Court · 1925
  5. Holland v. McCarthyCalifornia Supreme Court · 1916

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