Palmer v. Alexander
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The legal title shown by the record was vested in the appellant. The effect of the deeds to Elizabeth and her husband was to vest in them an estate in entirety in the land in controversy, and the husband as the survivor took the whole estate. R. S. 1899, sec. 4600; Modrell v. Riddle, 82 Mo. 35. (2) This title passed to the plaintiff by the deed from Phillip Carroll.
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The legal title shown by the record was vested in the appellant. The effect of the deeds to Elizabeth and her husband was to vest in them an estate in entirety in the land in controversy, and the husband as the survivor took the whole estate. R. S. 1899, sec. 4600; Modrell v. Riddle, 82 Mo. 35. (2) This title passed to the plaintiff by the deed from Phillip Carroll. It does not lie in defendant’s mouth to question the adequacy of the consideration, the deed being otherwise valid. Nor can he defeat the operative wrords of the…
1Opinion of the CourtMarshall, J.
Ejectment for the possession of the south half of the north half of the southwest quarter of section 27, township 46, range 20, in Pettis county. The petition is in the usual form and the answer is a general denial.' The trial resulted in a nonsuit, and after proper steps the plaintiff appealed.
Eli Palmer, the father of the plaintiff, is the common source of title. He died intestate in 1872, seized of two hundred and seventy-nine acres of land, and leaving as his heirs at law seven living children, Elizabeth, Mary, Eliza, David, Thomas, Eli, and Albert, who for many years held the land in…
2Cases cited1 opinion
- Whitsett v. WamackSupreme Court of Missouri · 1900
3Cited by12 opinions
- Hudson v. WrightSupreme Court of Missouri · 1907
- Harrison v. McReynoldsSupreme Court of Missouri · 1904
- Brown v. TuschoffSupreme Court of Missouri · 1911
- Powell v. PowellSupreme Court of Missouri · 1916
- Sharp v. StewartSupreme Court of Missouri · 1904
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