Decision of John F Philips Judge in Temple Lot Case the Reorganized Church

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Decision of John F Philips Judge in Temple Lot Case the Reorganized Church
John F Philips
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Under the ruling of the State Supreme Court the presumption is that the deed was delivered the day of the acknowledgment. Fontain vs. Boat- man Savings Inst. , 57 Mo. 552. It is also the settled rule of the State that the recording of a deed, duly acknowledged, is presumptive evidence of delivery. Kane vs. McKown, 55 Mo. 198.
There is also in this case other reasonable pre- sumptions of delivery. The evidence shows that Partridge and his flock were, in 1839, in peril. They fled under military m
...enace from Caldwell County in this State. Filled with apprehension and uncer- tainty, and anxious for the execution of his sacred trust respecting this property, he fell upon the plan of declaring the trust in this deed, and of making the children of Oliver Cowdery, his tried friend and an elder in the church, the depositaries of the title, be- lieving no doubt that on account of their tender years they would be less exposed to violence and CHURCH OF CHRIST, Ei AL. 21 harm, and that on account of their training, in the church they would be worthy and faithful trustees.

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