Turner v. Carpenter
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. P. P.. Wright, Judge. The delivery was complete so soon as the grantor lost the control, and the grantee had the control, or it was in the possession of his agent.
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Appeal from Johnson Circuit Court. — Hon. P. P.. Wright, Judge. The delivery was complete so soon as the grantor lost the control, and the grantee had the control, or it was in the possession of his agent. The possession of the agent is the possession of the principal. 2 Greenleaf, Ev. 297; 4 Kent (11th Ed.) side page 454; Scrugham v. Wood, 15 Wend. 545; Verplank v. Sterry, 12 John. 536 ; Ruggles v. Lawson, 13 John. 285; Carter v. Mills, 30 Mo. 432; Yarnell v. Yarnell, 6 Mo. 326. When the plaintiff speaks of delivery “ after record ” he merely speaks of the return of the deed to him after its…
1Opinion of the CourtHenry, J.
This is an action of ejectment for the recovery of the possession of several lots in the town of Holden. The petition is in the usual form and the answer, in addition to a general denial, contains a special •equitable defence which, in the view we take of the case, it is unnecessary to notice. There was a verdict and judgment for plaintiff from which this appeal is prosecuted.
Turner claims title under a deed executed by one Abram Musick and wife, dated the 5th day of July, 1872, and acknowledged August 27, 1872. Musick, who is a step-son of plaintiff, resided at that time in Missouri, and…
2Cases cited1 opinion
- Huey v. HueySupreme Court of Missouri · 1877
3Cited by6 opinions
- Tyler v. HallSupreme Court of Missouri · 1891
- State v. KnowlesSupreme Court of Missouri · 1904
- McVey v. CarrSupreme Court of Missouri · 1901
- Springate ex rel. Nelson Distilling Co. v. Koppelman Furniture Co.Missouri Court of Appeals · 1892
- Kimball v. SilversMissouri Court of Appeals · 1886
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