Pipkin v. Allen

• Decision Date: 31 March 1857
• Citation: 24 Mo. 520
• Parties: PIPKIN, Appellant, v. ALLEN et al., Respondents.
• Court: Missouri Supreme Court

24 Mo. 520

PIPKIN, Appellant,

v.ALLEN et al., Respondents.

Supreme Court of Missouri.

March Term, 1857.

1. Judgment reversed because the evidence did not support or justify the finding of the facts by the court.

Appeal from Jefferson Circuit Court.

Noell, for appellant.

Frissell, for respondents.

RYLAND, Judge, delivered the opinion of the court.

The main question in this case arises upon the finding of the facts by the court below. The parties here claim by derivative titles from the same source-- David Boyle. There appears to have been a sale of the land in controversy made by Boyle to James Anderson in 1812, or prior thereto. The plaintiff read in evidence a deed from David Boyle to William Russell, dated 23d November, 1813, and recorded in February, 1814. This deed purports to convey to Russell seven hundred and twenty arpens of land, be the same more or less, with the following recital: “That is to say, that the said David Boyle claims a settlement and improvement right of twelve hundred and twenty arpens of land, situate on Sandy creek, in the late district (and present county) of St. Louis; five hundred arpens of which have been selected by the recorder of land titles as being ratified by the laws of Congress; which five hundred arpens the said David Boyle and Jenny Boyle, his wife, have sold to James Anderson; the balance and remainder of said tract and claim of the land, being seven hundred and twenty arpens, situated on Sandy creek as aforesaid, which said balance of seven hundred and twenty arpens, be the same more or less, as the title thereof, or of any part thereof, is or may be eventually ratified, he (the said David Boyle), for the sum and consideration aforesaid, does by these presents grant, bargain and sell to the said Russell, his heirs and assigns, forever,” etc. James Anderson died in 1812, and before the date of this deed from Boyle to to Russell. On the 28th day of February, 1814, David Boyle and his wife conveyed by their deed of that date to Adam Brown the identical land which Boyle had before sold to James Anderson. This is in proof; for the witness, Benjamin Johnston, made a memorandum of the deed from Boyle and wife to Brown, in which he states that the boundaries contained in the deed to Brown are precisely the same which were contained in an instrument of writing of Boyle to James Anderson, taken therefrom by himself (Johnston) at the request of said Boyle and Adam Brown. Brown and wife afterwards conveyed this land to Samuel Hammond. Hammond and wife conveyed to William Russell, and he to his daughter, Ann R. Allen. Johnston, the witness, stated that he did not recollect of any thing being said about the cancellation of the sale from Boyle to Anderson. Said Brown was a justice of the peace, and witness understood he paid to Boyle...