Messersmith v. Messersmith
Supreme Court of Missouri
Error to Cole Circuit Court. Petition by Elizabeth Messersmith, the grantor, against the heirs of Hiram Messersmith, the grantee, praying the annulment of a deed and the restoration of the land conveyed, for the non-performance of a condition inserted in the deed.
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Error to Cole Circuit Court. Petition by Elizabeth Messersmith, the grantor, against the heirs of Hiram Messersmith, the grantee, praying the annulment of a deed and the restoration of the land conveyed, for the non-performance of a condition inserted in the deed. The petition stated that the plaintiff, in 1836, executed and delivered to her son Hiram, a deed for certain land, which was subject to a condition therein written, that the said Hiram should provide for her a good and sufficient maintenance during her natural life ; and if he should at any time refuse or fail to provide the said…
1Opinion of the CourtLeonard, Judge
Without stopping to remark upon the irregularity, occurring in the proceeding, of giving judgment against infants by *372default, for want of an answer, we proceed at once to dispose of the case upon its merits. Here is an estate in land subject to be divested upon the non-performance of an express condition mentioned in the deed, that “ the grantee should provide for the grantor a good and sufficient maintenance during her natural lifeand the grantee having died intestate without making any provision for her support, she asks the court in the exercise of its equitable jurisdiction to enforce the…
2Cases cited1 opinion
- Shumway v. ShumwaySupreme Court of Vermont · 1829
3Cited by22 opinions
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Adams v. LindellMissouri Court of Appeals · 1878
- Studdard v. WellsSupreme Court of Missouri · 1894
- Catron v. Scarritt Collegiate InstituteSupreme Court of Missouri · 1915
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