Cornwell v. Wulff
Supreme Court of Missouri
Appeal from St. Louis County Ci/rovAt Cov/rt. — HoN. Budolph Hirzel, Judge. (1) The deed from Yeates to G-oodlett, was a conveyance to uses, and prior to the adoption of the statute of uses, a fee might be limited upon or after a fee in such a conveyance, though such a limitation would have been void if contained in a common law conveyance. 2 Kerr on Eeal Prop. (Ed. 1895), sec. 1635, 1655, 1659 and 1663; Spence’s Eq. Jur. (Ed. 1846), p. 455; 2 Pomeroy’s Eq. Jur.
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Appeal from St. Louis County Ci/rovAt Cov/rt. — HoN. Budolph Hirzel, Judge. (1) The deed from Yeates to G-oodlett, was a conveyance to uses, and prior to the adoption of the statute of uses, a fee might be limited upon or after a fee in such a conveyance, though such a limitation would have been void if contained in a common law conveyance. 2 Kerr on Eeal Prop. (Ed. 1895), sec. 1635, 1655, 1659 and 1663; Spence’s Eq. Jur. (Ed. 1846), p. 455; 2 Pomeroy’s Eq. Jur. (Ed. 1892), pp. 982 and 983; 1 Hilliard on Eeal Prop. (4 Ed.), sec. 18. . (2) The effect of the statute of uses was to execute the…
1Opinion of the Court
GANTT, O. J.
Tbis is an action of ejectment for certain lands in St. Louis county. Tbe plaintiffs recovered judgment for possession and rents and profits in tbe circuit court and defendant appeals. Tbis is tbe second appeal in tbe cause. Tbe first will be found reported in 126 Mo. 355, and 28 S. W. Rep. 162.
Tl;e purpose of tbis appeal is to have tbis court review its opinion and judgment in Cornwell v. Orton and Cornwell v. Wulff, 126 Mo. 355, and overrule those cases, and incidentally to overrule Green v. Sutton, 50 Mo. 186, decided in 1872 by tbe Supreme Court.
Tbe earnestness of counsel for…
2Cases cited47 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Howard v. CarusiSupreme Court of the United States · 1884
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
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3Cited by25 opinions
- Ashbaugh v. AshbaughSupreme Court of Missouri · 1918
- Burnet v. BurnetSupreme Court of Missouri · 1912
- Cook v. HoweMassachusetts Supreme Judicial Court · 1932
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
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