Legal Opinion

C. M. Smith Bros. Land & Investment v. Phillips

Supreme Court of Missouri

Decided July 23, 1921PublishedCited by 4 opinions

Appeal from Mississippi Circuit Court.— Hon. Frank Kelly, Judge. (1) Immediately upon the death of James J. Phillips on the 24th day of November, 1895, the land in controversy", which did not exceed in value the sum of fifteen hundred dollars, passed to and vested in his widow, Martha C. Phillips, and his children, Ollie, Florence, James, Thomas Milas, and Jessie, who was yet unborn, and continued for their benefit until the youngest child attained its legal majority, and…

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Appeal from Mississippi Circuit Court.— Hon. Frank Kelly, Judge. (1) Immediately upon the death of James J. Phillips on the 24th day of November, 1895, the land in controversy", which did not exceed in value the sum of fifteen hundred dollars, passed to and vested in his widow, Martha C. Phillips, and his children, Ollie, Florence, James, Thomas Milas, and Jessie, who was yet unborn, and continued for their benefit until the youngest child attained its legal majority, and until the death of said widow, with the joint right of occupation until the children attained their majority and until the…

1Opinion of the Court

Ejectment to recover eighty acres of land in Mississippi County described as the east half of the northwest quarter of Section Nine, Township Twenty-five of Range Fifteen. The defendants are Martha C. Phillips and Thomas Milas Phillips. The common source of title is James J. Phillips, who died intestate, seized of the land, while occupying it as his home with his family, consisting of the defendant Martha C., his wife, and five minor children, of whom her co-defendant is one. Another child was born shortly after his death. The plaintiff claims through a deed dated April 8, 1898, and recorded…

2Cases cited5 opinions

  1. Chrisman v. LindermanSupreme Court of Missouri · 1907
  2. Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
  3. McFarland v. McFarland ex rel. WrightSupreme Court of Missouri · 1919
  4. Phillips v. PressonSupreme Court of Missouri · 1903
  5. Jordan v. RudluffSupreme Court of Missouri · 1915

3Cited by4 opinions

  1. Moore v. HoffmanSupreme Court of Missouri · 1931
  2. Falvey v. HicksSupreme Court of Missouri · 1926
  3. Schowe v. KallmeyerSupreme Court of Missouri · 1929
  4. Stanton v. LeonardSupreme Court of Missouri · 1939

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