Alt v. Norman

• Decision Date: 14 May 1895
• Parties: ALT v. NORMAN.
• Court: Missouri Supreme Court

30 S.W. 1031

128 Mo. 330

ALT v. NORMAN.

Supreme Court of Missouri, Division No. 1.

May 14, 1895.

SEAL — SUFFICIENCY.

1. The seal of the county court, adopted by a commissioner appointed to convey county land, under Rev. St. 1879, § 671, is sufficient.

2. A common-law seal is sufficient in the absence of the statutory scrawl.

Error to Cape Girardeau court of common pleas; Maurice Cramer, Judge.

Ejectment by William J. Alt against William W. Norman. From an order refusing to set aside a nonsuit, plaintiff brings error. Reversed.

J. W. Limbaugh, for plaintiff in error. Wilson Cramer, for defendant in error.

PER CURIAM.

The same question of law, on the same state of facts, with only a change in the name of the acting defendant, is raised in this case as was presented and passed upon in the case of Alt v. Stoker (decided at the October term, 1894, of this court) 30 S. W. 132. In that controversy, as in this, the only question raised was as to the sufficiency of a deed made by Cape Girardeau county, by John R. Henderson, commissioner, to William J. Alt, the plaintiff herein, covering both tracts of land in that and this suit. On the authority and for the reasons given in the case of Alt v. Stoker, the judgment of the trial court in this case will be reversed, and case remanded for a new trial.