Legal Opinion

McCoy v. Cassidy

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 4 opinions

Appeal from, Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The record of the paper purporting to be a sheriff ’s deed, dated December 13, 1865, showed no seal and none will be presumed to the original paper. Hamilton v. Boggess, 63 Mo. 233; Switzer v. Knapp, 10 Iowa, 72 ; Williams v. Bass, 22 Vt. 354; Shepherd v. BurJchalter, 13 Ga. 443; Frost v. BecTcham, 1 Johns.

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Appeal from, Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The record of the paper purporting to be a sheriff ’s deed, dated December 13, 1865, showed no seal and none will be presumed to the original paper. Hamilton v. Boggess, 63 Mo. 233; Switzer v. Knapp, 10 Iowa, 72 ; Williams v. Bass, 22 Vt. 354; Shepherd v. BurJchalter, 13 Ga. 443; Frost v. BecTcham, 1 Johns. Ch. 300; Griffin v. Sheffield, 38 Miss. 359; Heddon v. Overton, 4 Bibb, 406; Sneed v. Ward, 5 Dana, 187. (2) The original paper not having had a seal, and being a defective execution of a statutory power, was absolutely…

1Opinion of the Court

Norton, O. J.

This is an ejectment suit to recover possession of lots 23 and 24, block 38, in Turner & Company’s addition to Kansas City. On the trial, judgment was rendered for defendant from which the plaintiff has appealed.

Both parties claim through Samuel H. Woodson as the common source of title. Plaintiff, in support of his title, put in evidence a deed of said Woodson dated July 27, 1863, conveying the premises in dispute to John C. McCoy; and also a quit-claim deed dated May 18, 1866, executed by said John C. McCoy conveying the premises to John McCoy the plaintiff.

Defendant put in…

2Cases cited9 opinions

  1. Hamilton v. BoggessSupreme Court of Missouri · 1876
  2. Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
  3. Parkinson v. CaplingerSupreme Court of Missouri · 1877
  4. Smith v. DallCalifornia Supreme Court · 1859
  5. Norfleet v. RussellSupreme Court of Missouri · 1876

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Macey v. StarkSupreme Court of Missouri · 1893
  2. Hartwell v. ParksSupreme Court of Missouri · 1912
  3. Hubbard v. Swofford Brothers Dry Goods Co.Supreme Court of Missouri · 1908
  4. Green v. CampSupreme Court of Florida · 1911

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