Bates v. Bank of Missouri
Supreme Court of Missouri
ERROR to Hannibal Court of Common Pleas. The only questions for the court, are: 1st Was the deed good, and sufficient to pass the title? 2d. Could parol evidence be given? In a sheriff’s deed, certainly, to a common intent only, is all that is required. The description in the deed need only be such that any one may find it, and that no other answers the description.
Read the full summary
ERROR to Hannibal Court of Common Pleas. The only questions for the court, are: 1st Was the deed good, and sufficient to pass the title? 2d. Could parol evidence be given? In a sheriff’s deed, certainly, to a common intent only, is all that is required. The description in the deed need only be such that any one may find it, and that no other answers the description. The deed should be favorably construed for the grantee in the deed. 25 Wend. 402. No description was given, except a line conveying all land south of a creek, in a town and coun fy, and beginning at one point and running…
1Opinion of the CourtScott, J.
This was an action in the nature of an ejectment, begun by the respondent in the Marion circuit court, which was afterwards taken by a change of venue to the Hannibal court of common pleas, in consequence of the judge of the circuit court having been counsel in the cause. The respondent recovered judgment, upon which the proceedings were brought to this court by the appellants.
The appellants claimed the premises under a sheriff’s deed to Bates which described them as “all the right, title, interest and claim of William Muldrow, William Wright, John McKee and Uriel Wright in and to thirty-five…
2Cases cited2 opinions
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Hart v. RectorSupreme Court of Missouri · 1842
3Cited by7 opinions
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Charles v. PatchSupreme Court of Missouri · 1885
- Colcord v. AlexanderIllinois Supreme Court · 1873
- Hardy v. MatthewsSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.