Black v. Gregg
Decision Date | 31 January 1875 |
Parties | ROBT. A. BLACK, Plaintiff in Error, v. JACOB GREGG, et al., Defendants in Error. |
Court | Missouri Supreme Court |
Error to Jackson Circuit Court.
Kinley & Kinley, for Plaintiff in Error.
Sheley & Woodson, for Defendants in Error, cited DeJarnette vs. DeGiverville, (56 Mo., 440).
Black, the plaintiff, instituted this proceeding to redeem certain lands in Jackson County, sold at a trustee's sale. The case was submitted upon the following agreed statement of facts:
Upon this agreed statement, the court found for defendants, and dismissed the petition; and this ruling is assigned for error.
Although the acknowledgment was worthless, (Stephens vs. Hampton, 46 Mo., 404; Dail vs. Moore, 51 Mo., 589,) yet the deed was valid between the parties, and the agreed statement admits its execution. The chief object of a certificate of acknowledgment, is, in order to admit the deed to registry. It is only where the rights of third persons intervene-- i. e. purchasers etc. for a valuable consideration without actual notice--that recording a deed or other instrument becomes necessary; and under our statute, the due acknowledgment of the instrument, evidenced by a proper certificate thereof, is a condition precedent to...
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Patterson v. Booth
... ... June, 1881, and of the falsehood of Horner's statements ... in December, 1885. Mason v. Black, 87 Mo. 341-2, ... citing Mertins v. Jolliffe, 1 Ambler, 311; ... Rhodes v. Outcalt, 48 Mo. 370; Speck v ... Riggin, 40 Mo. 405; ... situation or status of the grantor. 56 Ill. 179; De ... Jarnett v. De Giverville, 56 Mo. 440; Black v ... Gregg, 58 Mo. 565. (9) "It is a maxim of universal ... recognition in equity jurisprudence, that he, who takes with ... notice of an equity, takes ... ...
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Woolridge v. Lacrosse Lumber Co.
...before a trustee or other party interested in a deed is a nullity. [Stevens v. Hampton, 46 Mo. 404; Dail v. Moore, 51 Mo. 589; Black v. Gregg, 58 Mo. 565; Hainey v. Alberry, 73 Mo. 427; Bank v. Carondelet Real Estate Co., 150 Mo. 570, 51 S.W. 691.] But this does not mean that the deed of tr......
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Scanland v. Walters, 27197.
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