McAlister v. Pritchard
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — How. W. 8. G. Walker, Judge. (1) The deed under which plaintiff claims did not convey -any present vested interest in the real estate, was not to become effective until after the death of the grantor, and was, therefore, testamentary in character and void.
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Appeal from Dunklin Circuit Court. — How. W. 8. G. Walker, Judge. (1) The deed under which plaintiff claims did not convey -any present vested interest in the real estate, was not to become effective until after the death of the grantor, and was, therefore, testamentary in character and void. Murphy v. Gabbard, 166 Mo. 596; Aldridge v. Aldridge, 202 Mo. 572; Griffin v. McIntosh, 176 Mo. 392; Goodale v. Evans, 263 Mo. 219.; Dawson v. Taylor, 214 £>. W. 852; Hudspeth v. Grunke, 214 S. W. 867; 18 C. J. 149. (2) In arriving at the intention of the grantor, resort must be had to the actual…
1Opinion of the Court
This is an action to determine the title to the northeast fourth of the southeast quarter of Section Twenty-five, in Township Twenty, north, of Range Nine cast, in Dunklin County, and to recover the possession.
The pleadings are conventional. Whether plaintiff has the legal title to the land just described is the main issue; questions relating to the value of the rents and profits are incidental and not the subject of controversy on this appeal.
C.M. Pritchard is the common source of title. On November 16, 1911, he and his wife, for the expressed consideration of love and affection, executed…
2Cases cited2 opinions
- Murphy v. GabbertSupreme Court of Missouri · 1902
- Terry v. GloverSupreme Court of Missouri · 1911
3Cited by17 opinions
- Triplett v. TriplettSupreme Court of Missouri · 1933
- York v. StoneWashington Supreme Court · 1934
- St. Louis Union Trust Co. v. ClarkeSupreme Court of Missouri · 1944
- Denny v. Regions BankMissouri Court of Appeals · 2017
- Bay v. Stout Sign CompanySupreme Court of Missouri · 1957
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