Ragan v. McElroy

• Decision Date: 10 June 1889
• Citation: 11 S.W. 735,98 Mo. 349
• Parties: Ragan et al., Appellants, v. McElroy et al
• Court: Missouri Supreme Court

11 S.W. 735

98 Mo. 349

Ragan et al., Appellants, v. McElroy et al

Supreme Court of Missouri

June 10, 1889

Appeal from Jackson Circuit Court. -- Hon. J. H. Slover, Judge.

Affirmed.

S. F Johnson and Chas. W. Clarke for appellants.

Objections having been made to the introduction of the deed of Ragan and wife, on the ground that the grantee named therein was neither a natural nor artificial personage known to the laws of the state of Missouri, it was the duty of the parties offering said deed to prove that the grantee therein had a legal existence. Hurt v. Salisbury, 55 Mo. 310; 2 Estey's Plead., pp. 922, 923; Flandreau v Downing, 23 Cal. 354; Corkhill v. Landers, 44 Barb. 218.

Daniel B. Holmes for respondents.

Appellants being in privity of blood with Jacob Ragan, deceased, cannot question the corporate existence of the Widows and Orphans' Home Society of Missouri. Broadwell v Merritt, 87 Mo. 95.

Brace, J. Barclay, J., concurs in the result.

OPINION

Brace, J.

In this action in ejectment, the plaintiffs, who are the heirs-at-law of Jacob Ragan, deceased, seek to recover from the defendants the land conveyed by their ancestor to the Widows and Orphans' Home Society of Missouri, by the following deed, duly acknowledged and delivered, through which the defendants, by a regular chain of mesne conveyances, deraign title from the said Ragan:

"Know all men by these presents: That we, Jacob Ragan and Anna Ragan, his wife, of the county of Jackson, and state of Missouri, for, and in consideration of, the sum of four thousand dollars, to us in hand paid by the Widows and Orphans' Home Society of Missouri, a corporation, duly incorporated under the general laws of the state of Missouri, by virtue of a certificate of incorporation granted by the circuit court of Jackson county, and state of Missouri, at the March term, A. D. 1867, of said court, the receipt whereof is hereby acknowledged, have granted, bargained and sold, and by these presents do grant, bargain and sell unto the said Widows and Orphans' Home Society of Missouri, their successors and assigns, the following described real estate, situate in the county of Jackson, and state of Missouri; that is to say, the northwest quarter of the southeast quarter of section number seventeen (17), in township forty-nine (49), of range thirty-three (33), containing forty acres of land, and also a right-of-way thirty (30) feet in width along the west line of the southwest quarter of the southeast quarter of said section, and off the west side of said last described tract of land, which said way shall be kept open to the free and unobstructed use of said grantee, its successors and assigns.

"To have and to hold the premises hereby conveyed, together with all the rights and privileges thereunto belonging, or in any way appertaining unto the said Widows and Orphans' Home Society of Missouri, its successors and assigns forever; and I, the said Jacob Ragan, for myself, my heirs, executors and assigns, do hereby covenant to and with the said Widows and Orphans' Home Society of Missouri, its successors and assigns, to forever warrant and defend the title to the premises hereby conveyed against the lawful claims of all persons whomsoever.

"In testimony whereof, we have hereunto subscribed our names and affixed our seals on this fourth dav of April, A. D. 1867.

"(Signed)

Jacob Ragan,

(Seal)

"(Signed)

Anna C. Ragan.

(Seal)"

The objection made on the trial to the admission of this deed in evidence was that it did not show, nor did it otherwise appear, that the grantee therein named was an existing corporation having capacity to take and hold the real estate herein conveyed. The objection was overruled, the deed...