Donohoe v. Veal
Supreme Court of Missouri
Appeal from, Chariton Circuit Court. among others, made the following points : 1. The act making the register’s deed prima facie evidence of title is unconstitutional.
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Appeal from, Chariton Circuit Court. among others, made the following points : 1. The act making the register’s deed prima facie evidence of title is unconstitutional. If the legislature can make it prima facie-, it can also make it conclusive evidence of-title, and thus give the register absolute control over private property within the state. 2. If, however, the act is constitutional, a deed, to be prima facie evidence, must show, by recitals, that all the pre-requisites of the law have been complied with, which the deed, in this case, does not. 3. Rut if the deed be sufficient evidence of…
1Opinion of the CourtGamble, Judge
Donohoe filed his petition against Yeal, to recover treble damages for alleged trespass on a tract of land claimed by Donohoe. The action was under the statute allowing the recovery of treble damages for certain descriptions of trespass.
On the trial, the plaintiff, in order to show his title to the land, gave in evidence a deed from the register of lands of the *333state to Thomas Donohoe, dated February 10,1851, in which it was recited that the state and county taxes on seven tracts of land described in the deed, amounting to eight dollars and thirty-six cents, including interest and incidental…
2Cases cited3 opinions
- Johnson v. StaggNew York Supreme Court · 1807
- Crowley v. WallaceSupreme Court of Missouri · 1848
- Alexander v. MerrySupreme Court of Missouri · 1845
3Cited by5 opinions
- State Ex Rel. City of St. Louis v. BaumannSupreme Court of Missouri · 1941
- Hobson v. ElmerSupreme Court of Missouri · 1942
- Hilton v. SmithSupreme Court of Missouri · 1896
- Yankee v. ThompsonSupreme Court of Missouri · 1873
- Rubey v. HuntsmanSupreme Court of Missouri · 1862