Rezabek v. Rezabek
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. First. Tenancy by tbe entirety applies to personal property in tbe State of Missouri. Johnson v. Johnson, 173 Mo. 91, 113; Ryan v. Ford, 151 Mo. App. 689; Craig v. Bradley, 153 Mo. App. 586. Second. Conveyance of leasehold to husband and wife creates a tenancy in the entirety.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. First. Tenancy by tbe entirety applies to personal property in tbe State of Missouri. Johnson v. Johnson, 173 Mo. 91, 113; Ryan v. Ford, 151 Mo. App. 689; Craig v. Bradley, 153 Mo. App. 586. Second. Conveyance of leasehold to husband and wife creates a tenancy in the entirety. See. 2878 (Common), Revised Statutes 1909; Sec. 2788 (Entirety), Revised Statutes 1909; Gibson v. Zimmerman, 12 Mo. 385; Shields v. Stillman, 48 Mo. 82; Hull v. Stephen, 65 Mo. 670;.Russell v. Russell, 122 Mo. 237; Bain v. Bulloch, 129 Mo. 117; Frost…
1Opinion of the Court
BECKER, J.,
(after stating the facts). — The findings of fact made by the referee, to whom the cause was referred to take the testimony and try all the issues, and which findings were confirmed hy the trial court, are sufficiently supported by the evidence, and we therefore allow them to stand. However, we cannot agree with the conclusion of law drawn therefrom by the referee and the trial judge.
The referee’s report states:
* ‘ I find that in 1891, when the lease was taken in the joint names of plaintiff and defendant, there was no fraud or imposition practiced by the defendant, Margaret…
2Cases cited9 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Frost v. FrostSupreme Court of Missouri · 1906
- Johnston v. JohnstonSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Barnett, Admr. v. Couey, Admr.Missouri Court of Appeals · 1930
- Ray v. RayMissouri Court of Appeals · 1960
- State Bank of Poplar Bluff v. ColemanMissouri Court of Appeals · 1951
- D. Sherman and Maxine M. Cox v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1997
- Upthegrove v. CommissionerUnited States Board of Tax Appeals · 1936
7 more not listed; retrieve them via the Exa API.