72 Mo. 568 (Mo. 1880), Snider v. Coleman

Citation:72 Mo. 568
Opinion Judge:SHERWOOD, C. J.
Party Name:SNIDER v. COLEMAN, Appellant.
Attorney:Ewing & Hough and Wm. Carter and J. F. T. Edwards for appellant. Belch & Silver for respondents.
Court:Supreme Court of Missouri
 
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Page 568

72 Mo. 568 (Mo. 1880)

SNIDER

v.

COLEMAN, Appellant.

Supreme Court of Missouri.

October Term, 1880

Appeal from Carter Circuit Court. --HON. R. P. OWEN, Judge.

REVERSED.

This was an action of ejectment brought by plaintiffs as heirs at law of Samuel C. Snider, deceased. Defendant, by way of equitable defense, alleged in his answer that the land in controversy had been sold by the administrator of the sad Samuel C. Snider, acting under an order of the probate court, for the payment of debts of the estate, to one Kennard, from whom defendant had purchased for value and without notice of any infirmity of title, and that he and his grantor had made large and valuable improvements on the land in good faith, and prayed to be subrogated to the rights of all creditors of the estate, and that an accounting be had, and for general relief. At the trial the deed to Kennard and the certified copy thereof from the recorder's office were offered in evidence. The latter indicated that the deed had been duly sealed, and there was testimony that a seal had been appended to it, but the deed itself bore no seal at the time of the trial, and was objected to on this ground, and because it was not properly acknowledged and certified. The objection was sustained, and the deed was excluded. Plaintiffs had judgment, and defendant appealed.

Ewing & Hough and Wm. Carter and J. F. T. Edwards for appellant.

Belch & Silver for respondents.

SHERWOOD, C. J.

Any discussion on the point of the legal sufficiency of the administrator's deed, will not affect the conclusion which should be reached. If plaintiffs were he heirs at law of him under whom they claim, it is...

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