Scott v. Scott
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. H. S. ! Kelley, Judge. (1) There was not sufficient evidence in the circumstances of this case to prove the delivery of the deed. N or did the grantor, Maggie R. Scott, make it in the form in which it now appears and in which it was recorded. Under ordinary circumstances, after proof of the execution of a deed, the delivery will be presumed from the possession of it by 'the grantee. 2 Greenl. .Evid. [Redf.
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Appeal from Nodaway Circuit Court. — Hon. H. S. ! Kelley, Judge. (1) There was not sufficient evidence in the circumstances of this case to prove the delivery of the deed. N or did the grantor, Maggie R. Scott, make it in the form in which it now appears and in which it was recorded. Under ordinary circumstances, after proof of the execution of a deed, the delivery will be presumed from the possession of it by 'the grantee. 2 Greenl. .Evid. [Redf. Ed.] sec. 297; Yarnall’s Adm’rv. Yarnall, 6 Mo. 326-9. But such presumption may be rebutted ' by showing that such deed was not, in fact,…
1Opinion of the CourtNorton, C. J.
This is a proceeding in equity instituted in the circuit court of Nodaway county, to vacate and annul a certain deed purporting to have been executed on the twenty-third of April, 1883, by Maggie R. Scott, conveying to defendant certain lands in the counties of Nodaway and Yernon in this state, and other lands in the states of Ohio and Nebraska, and also all the j)ersonal .property of said Maggie; which said deed was filed for record in the recorder’s office in Nodaway county on the seventeenth day of September, 1883. On the trial of the cause the court rendered judgment for defendant, from…
2Cases cited4 opinions
- Huey v. HueySupreme Court of Missouri · 1877
- Lionberger v. BakerSupreme Court of Missouri · 1885
- Patterson v. CamdenSupreme Court of Missouri · 1857
- Green v. YarnallSupreme Court of Missouri · 1840
3Cited by18 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Tyler v. HallSupreme Court of Missouri · 1891
- Allen v. DegroodtSupreme Court of Missouri · 1891
- Pitts v. SheriffSupreme Court of Missouri · 1891
- St. Joseph Union Depot Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1895
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