Arthur v. Weston
Supreme Court of Missouri
Error to Jackson Circuit Court. This was an action in the nature of ejectment for the possession of certain lots in Independence. Both parties claimed under Azariah Holcomb, who, by deed, dated December 29, 1832, conveyed said lots to “W. W. Phelps & Co.” On the 11th of January, 1838, W. W. Phelps, Oliver Cowdry and John Whitmore conveyed to the plaintiff.
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Error to Jackson Circuit Court. This was an action in the nature of ejectment for the possession of certain lots in Independence. Both parties claimed under Azariah Holcomb, who, by deed, dated December 29, 1832, conveyed said lots to “W. W. Phelps & Co.” On the 11th of January, 1838, W. W. Phelps, Oliver Cowdry and John Whitmore conveyed to the plaintiff. The defendant, Strode, claimed-title by regular conveyances, under an execution sale in 1835, upon a judgment against W. W. Phelps and Oliver Cowdry. At the trial before the court without a jury, the plaintiff offered to prove that at the…
1Opinion of the CourtLeonard, Judge
The question here is, whether the deed from Holcomb to W. W. Phelps & Co. can be allowed to take effect as a legal conveyance of the land to Phelps, Whitmore and Cowdry, the persons composing the partnership, upon parol proof of that fact, and we think it can not. The question, it is to be observed, is as to legal rights, and not as to the equities of the parties; and we may further observe, it is not merely whether the grantor intended to convey to the persons composing the firm, but whether the partnership style is as a matter of law a good *380name of purchase, in a conveyance of real…
2Cases cited1 opinion
- Beaman v. WhitneySupreme Judicial Court of Maine · 1841
3Cited by19 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Wright v. BrooksMontana Supreme Court · 1913
- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Hamilton v. PitcherSupreme Court of Missouri · 1873
- Krall v. LightMissouri Court of Appeals · 1948
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