32 S.W. 1144 (Mo. 1895), Nolan v. Taylor

Citation:32 S.W. 1144, 131 Mo. 224
Opinion Judge:Macfarlane, J.
Party Name:Nolan et al. v. Taylor et al., Appellants
Attorney:T. G. Rechow and Herman Pufahl for appellants. J. H. Childers, T. T. Loy and Wm. O. Mead for respondents.
Case Date:November 26, 1895
Court:Supreme Court of Missouri
 
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Page 1144

32 S.W. 1144 (Mo. 1895)

131 Mo. 224

Nolan et al.

v.

Taylor et al., Appellants

Supreme Court of Missouri, First Division

November 26, 1895

Appeal from Hickory Circuit Conrt. -- Hon. Argus Cox, Judge.

Reversed.

T. G. Rechow and Herman Pufahl for appellants.

(1) The tax suit was properly brought against Jeff Thompson, he being the record owner. Vance v. Corrigan, 78 Mo. 94; State ex rel. v. Sack, 79 Mo. 661; Simonson v. Dolan, 114 Mo. 176. (2) The law knows only one Christian name and does not recognize initials when there is a full Christian name, and if it did it could make no difference whether the "M." came before the "Jeff" or after it. 16 Am. and Eng. Encyclopedia of Law, page 114; Franklin v. Talmadge, 5 John. 84; Roosevelt v. Gardinier, 2 Cow. 463; Keene v. Meade, 5 Pet. 1; Orme v. Shephard, 5 Mo. 606; Philips v. Evans, 64 Mo. 17; State v. Black, 12 Mo.App. 531. But if the defendant in the execution had been sued by the wrong Christian name he would have to plead that fact in abatement and the court could not disregard the judgment in a collateral proceeding. Moseley v. Reiley, 28 S.W. 895; Elting v. Gould, 96 Mo. 535. (3) The sheriff's deed (being regular in all particulars), with the other deeds in evidence, transferred the title to the land in controversy to defendant Gentry. R. S. 1889, sec. 7684; Allen v. McCabe, 93 Mo. 138; Gibbs v. Southern, 96 Mo. 542; Elting v. Gould, 96 Mo. 535; Jones v. Driskill, 94 Mo. 190; Brown v. Walker, 85 Mo. 262.

J. H. Childers, T. T. Loy and Wm. O. Mead for respondents.

(1) The will of Quinces R. Nolan offered in evidence by the appellees is executed, attested, probated, and recorded in literal compliance with the laws of this state. R. S. 1889, secs. 8870, 8884, 8887; Graham v. O'Fallon, 3 Mo. 507; Graham v. O'Fallon, 4 Mo. 601; Charlton v. Brown, 49 Mo. 353; Mays v. Mays, 114 Mo. 536. (2) The copy of the will of Quinces R. Nolan, deceased, is properly authenticated. The laws of Georgia offered in evidence, establish the court of ordinary, and confer upon it probate, jurisdiction and then create the office of ordinary and ex officio clerk, one office to be filled by one person. Freeman, Judgments, sec. 577; Buttrick v. Allen, 8 Mass. 273; Pelton v. Platner, 13 Ohio 209; Gay v. Lloyd, 1 Greene, 78; Napier v. Gadiere, 1 Spear's Eq. 215; Taylor v. Barron, 30 N.H. 78; Slaughter v. Cunningham, 24 Ala. 260; Adams v. Fisher, 3 Blackf. 241. (3) That the words, "the balance of my property or its proceeds is for my sons, T. C. and John Q. equally," vest the title to this land in...

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