Jones v. Shepley
Supreme Court of Missouri
Appeal from the St. Louis Court of Appeals, (1) Tie deed of Glasgow, in 1858, of tie land to Jones and wife, created tlem tenants of tie entirety, and as our statute then was, tie survivor took tie whole. Garner v. Jones, 52 Mo. 71. Upon familiar principles of equity, tie money arising from tie land goes to whomever tie land would lave gone. (2) Wien the object of tie trust fails by reason of lapse or otherwise, or by death of tie donee, tie property reverts to tie donor.
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Appeal from the St. Louis Court of Appeals, (1) Tie deed of Glasgow, in 1858, of tie land to Jones and wife, created tlem tenants of tie entirety, and as our statute then was, tie survivor took tie whole. Garner v. Jones, 52 Mo. 71. Upon familiar principles of equity, tie money arising from tie land goes to whomever tie land would lave gone. (2) Wien the object of tie trust fails by reason of lapse or otherwise, or by death of tie donee, tie property reverts to tie donor. Hill on Trustees, marginal pp. 114, 134,136. (3) These resulting trusts for tie benefit o-f tie heirs of the testator,…
1Opinion of the Court
Sherwood, J. —
This proceeding has for its.object, the compelling of the trustee, Shepley, to pay over a fund in his hands to the plaintiff. The facts gathered from the record are these : The plaintiff and Julia Jones, his wife, were seized of a tract of land, as tenants, by entireties. The land was in litigation, and to secure their attorneys in their fees, and certain persons who had become sureties for them on an appeal bond, they conveyed the land in question, and also a judgment, which they had recovered in the St. Louis Court of Appeals in respect of the same, together with any other…
2Cases cited3 opinions
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Murdock v. GanahlSupreme Court of Missouri · 1870
- Rackliffe v. SealSupreme Court of Missouri · 1865
3Cited by10 opinions
- Boyd v. PaulSupreme Court of Missouri · 1894
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Burk v. WaltonSupreme Court of Missouri · 1935
- Harding v. WrightSupreme Court of Missouri · 1893
- Krug v. BremerSupreme Court of Missouri · 1927
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