Sell v. McAnaw
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. W. 8. Herndon, Judge. (1) Tbe court erred in excluding tbe testimony of William Henry. Tbe deed is a quitclaim and is not contradicted by tbe evidence offered. Besides, Henry’s statement to tbe parties and tbe declaration of Mrs. Crane and Edward Smith, were part of tbe res gestae and show tbe title or interest sbe intended to convey.
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Appeal from Clinton Circuit Court. — Hon. W. 8. Herndon, Judge. (1) Tbe court erred in excluding tbe testimony of William Henry. Tbe deed is a quitclaim and is not contradicted by tbe evidence offered. Besides, Henry’s statement to tbe parties and tbe declaration of Mrs. Crane and Edward Smith, were part of tbe res gestae and show tbe title or interest sbe intended to convey. It siho-ws further that tbe interest to be conveyed was known to Smith, the grantee, and that he acquiesced in it. Gamble v. Johnson, 9 Mo. 606; Dickinson v. Chrisman, 32 Mo. 134. Again, evidence of the circumstances…
1Opinion of the CourtMarshall, J.
Ejectment to recover twenty-five acres of land in the northeast quarter of the southwest quarter .of section 33, in township 57, of range 30, in Clinton county, Missouri, instituted April 2, 1897.
The petition is in ordinary form. The answer of Anna is a general denial, while that of her husband John J., is an admission of his possession, an allegation that such possession *468is lawful, aud a general denial of the other allegations of the petition.
Thomas Crahan (now called Crane), who died October 1, 1880, is the common source of title. The plaintiff claims under a deed from Mary Donnelly,…
2Cases cited9 opinions
- Turner v. BakerSupreme Court of Missouri · 1876
- Draper v. ShootSupreme Court of Missouri · 1857
- Bradley v. WestSupreme Court of Missouri · 1875
- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
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3Cited by1 opinion
- Cornwell v. Highway Motor Freight Line, Inc.Supreme Court of Missouri · 1941