68 Mo. 441 | Mo. | 1878
This is an action of ejectment to recover possession of eighty acres of land in Henry county. The petition is in the usual form, and the hnswer is a general and specific denial. On the trial judgment was rendered for defendants, from which plaintiff prosecutes his writ of ■error. It was admitted on the trial that Joseph Capeheart entered the laud in controversy from the United States. Plaintiff, to maintain his cause of action, offered in evidence a deed of warranty from Joseph Capeheart and wife, to one Joshua E. Eurgerson, to the laud in controversy, dated November 10th, 1860; also a mortgage on said land from Eurgerson to George Gutridge, dated-, 1863 ; also a sheriff’s deed from Henry T. Dodson, as sheriff of Henry county, to George Gutridge, for said lands, which was sold under decree and judgment of foreclosure of said mortgage from Joshua E. Eurgerson to George Gutridge, said sheriff’s deed was dated October 15th, 1870 ; also warranty deed from George Gutridge and wife to plaintiff in error, dated January 20th, 1874; also second deed of warranty from George Gutridge and wife to plaintiff in error, for said land, dated January 20th, 1874. The defendant, in support of his title, introduced and read in evidence, against objection of plaintiff’s counsel, a certain deed from George Gutridge and wife to Joseph Capeheart, to the land in question, dated November 17th, 1866; also a
The controlling question in the case arises upon the construction of the following deed: “Know all men by these presents, that we, George Gutridge and Elizabeth, his wife, of the county of Henry and State of Missouri, have this day, for and in consideration of $1.00, to them in hand paid by Joseph Capeheart, the receipt whereof is hereby • acknowledged, do grant, bargain and sell, and by these presents do grant, bargain, sell and release unto the said Joseph Capeheart, his heirs and assigns forever, the following described real estate, being the same several tracts or parcels of lands conveyed by S. K. Williams, sheriff of Henry county, to said George Gutridge by deed, bearing date October 13th, 1866, and therein fully described and set forth.” Then follows a description of the lands embracing 320 acres, and including the lands in controversy. “To have and to hold the above described real estate free from the claim or claims of all persons whatever. In witness whereof, we have affixed our hands and seals this November 17th, in the year of our Lord one thousand eight hundred and sixty-six. (1866.)
George Gutridge, [seal.]
Elizabeth Gutridge, [seal.]”
The trial court declared' that the words “ grant, bar
It is also objected that the court erred in admitting the evidence of Capeheart, showing that the deed of 1866, from Gutridge to him, was made in consideration of a conveyance by Capeheart to Gutridge of another
Judgment affirmed,
Affirmed.