Legal Opinion

Hall v. Hall

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 21 opinions

.Appeal from, Andrew Circuit Court. — Hon. A. W. Anthony, Judge. (1) The court erred in overruling defendant’s instruction in tbe nature of a demurrer to the evidence. There was no delivery of the deed from Beecraft to plaintiff or to anyone for his use. Newell v. Holdridge, 43 N. W. Rep. (Minn.) 84. The defendant paid for the land and was the equitable owner, and had a right to'hold the deed or dispose of it as he saw fit. Newellv. Holdridge, 43 N. W. Rep.

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.Appeal from, Andrew Circuit Court. — Hon. A. W. Anthony, Judge. (1) The court erred in overruling defendant’s instruction in tbe nature of a demurrer to the evidence. There was no delivery of the deed from Beecraft to plaintiff or to anyone for his use. Newell v. Holdridge, 43 N. W. Rep. (Minn.) 84. The defendant paid for the land and was the equitable owner, and had a right to'hold the deed or dispose of it as he saw fit. Newellv. Holdridge, 43 N. W. Rep. (Minn.) 84, supra. (2) The plaintiff not being in possession of the land could not maintain an action to quiet title, so that the…

1Opinion of the CourtMacfarlane, J.

The petition contains two counts. The first is ejectment to recover about twenty-eight acres of land in Andrew county. The second is in *105equity, in which plaintiff alleges that defendant is his father, and on the sixth day of January, 1866, plaintiff was an infant living with him and in his family ; that on said day one Beecraft conveyed to plaintiff the land in controversy by good and sufficient deed, which was delivered to defendant, who took the same into his possession to keep and hold for plaintiff ; that afterwards defendant fraudulently, and without the knowledge or consent of…

2Cases cited11 opinions

  1. Darrier v. DarrierSupreme Court of Missouri · 1874
  2. Standiford v. StandifordSupreme Court of Missouri · 1888
  3. Tyler v. HallSupreme Court of Missouri · 1891
  4. Masterson v. CheekIllinois Supreme Court · 1859
  5. Huey v. HueySupreme Court of Missouri · 1877

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Condit v. MaxwellSupreme Court of Missouri · 1898
  2. Price v. KaneSupreme Court of Missouri · 1892
  3. Lewis v. LewisSupreme Court of Missouri · 1945
  4. Thierry v. ThierrySupreme Court of Missouri · 1923
  5. Shelton v. HarrisonMissouri Court of Appeals · 1914

16 more not listed; retrieve them via the Exa API.

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