Owen v. Ellis
Supreme Court of Missouri
Appeal f) om Green Circuit Court. I. In Owen vs. Switzer, (51 Mo. 322) the deed purported to be the individual act of Louisa T. Campbell, aud the court held it was her individual deed and conveyed her individual estate. Here the deed purports to be the act of the executrix of the estate of John P. Campbell — and hence it should have effect as the deed of an executrix, and should eonvey such estate as the executrix could, under the will, convey.
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Appeal f) om Green Circuit Court. I. In Owen vs. Switzer, (51 Mo. 322) the deed purported to be the individual act of Louisa T. Campbell, aud the court held it was her individual deed and conveyed her individual estate. Here the deed purports to be the act of the executrix of the estate of John P. Campbell — and hence it should have effect as the deed of an executrix, and should eonvey such estate as the executrix could, under the will, convey. Now as executrix, Mrs. Campbell could not convey her own life estate. She, in that capacity, could only convey the fee; so that in order to give any…
1Opinion of the CourtNapton, Judge
In this action of ejectment the facts vary but little from those in the case of Owen vs. Switzer, (51 Mo. 322) for which reference is made to the printed report of that-case. The deed in this case from Mrs. Campbell to Lair, under whom defendants hold,, differs from the deed in the case referred to in Mrs. Campbell describing herself both in the beginning and signature of the deed as “ executrix of the estate of John P. Campbell, deceased.” It is signed by “ Louisa T. Campbell, executrix.” It was in the ordinary form of a conveyance in fee simple, and purported in consideration of $1,200…
2Cases cited2 opinions
- Owen v. SwitzerSupreme Court of Missouri · 1873
- Mayor and Council of Wilmington v. DurhamSuperior Court of Delaware · 1958
3Cited by13 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Underwood v. CaveSupreme Court of Missouri · 1903
- Campbell v. JohnsonSupreme Court of Missouri · 1877
- Wead v. GraySupreme Court of Missouri · 1883
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