Atkison v. Henry
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. F. P. Wright, Judge. Plaintiff deraigned title through a deed from Joel Wisely to his daughter, Martha Hensley, and her husband, George B. Hensley, executed June 8th, 1857; a bond for a deed dated August 17th, 1858, not acknowledged, from George B. Hensley, alone, to Thomas H. Starnes, conditioned upon payment of a note by Starnes for $150 due one year after said date and given for part of the purchase money; and a deed to plaintiff…
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Appeal from Bates Circuit Court. — Hon. F. P. Wright, Judge. Plaintiff deraigned title through a deed from Joel Wisely to his daughter, Martha Hensley, and her husband, George B. Hensley, executed June 8th, 1857; a bond for a deed dated August 17th, 1858, not acknowledged, from George B. Hensley, alone, to Thomas H. Starnes, conditioned upon payment of a note by Starnes for $150 due one year after said date and given for part of the purchase money; and a deed to plaintiff from Starnes’ administrator. Defendant Henry deraigned title from the Hensleys by their deed dated September 7-th, 1867,…
1Opinion of the CourtSherwood, J.
This is an equitable proceeding, having for its object the divesting of whatever legal title the defendants, or either of them, may have in the premises in controversy, and the vesting of the same m the plaintiff. This object was attained by the decree entered by the court below in favor of plaintiff. Hensley and Martha, his wife, were seized in entirety of the land in dispute, and they are the common source of title. But the title bond executed by Hensley alone to Starnes for that land only had the effect of conveying to him whatever equitable right Hensley had thereto, and this right was…
2Cases cited6 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Forrester v. ScovilleSupreme Court of Missouri · 1873
- Devorse v. SniderSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Davis v. WatsonMissouri Court of Appeals · 1901
- Steinberg v. Phœnix InsuranceMissouri Court of Appeals · 1892
- State v. ClaySupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.