Jones v. Elkins
Supreme Court of Missouri
Appeal from, Pike Circuit Court. — Hon Reuben E. Rot, Judge. (1) The admission of C. J. Ray’s evidence by the court over respondents’ objection was error.
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Appeal from, Pike Circuit Court. — Hon Reuben E. Rot, Judge. (1) The admission of C. J. Ray’s evidence by the court over respondents’ objection was error. Johnson v. Sullivan, 23 Mo. 480; Cross v. Riggins, 50 Mo. 335. (2) The deed fromHenderson to appellant and Eliza J. Elkins, his deceased wife, conveyed to the former the entire estate in the lands described in said deed and in the petition in this cause; the estate created by such conveyance at the common law not having been modified by statute. R. S. 1889, sec. 8844; Gibson v. Zimmerman, 12 Mo. 250; Garner v. Jones, 52 Mo. 68; Shroyer v.…
1Opinion of the CourtBkaoe, P. J.
On the fifth day of April, 1890, one S. H. Henderson, who was the owner of the real estate described in the petition, by general warranty deed of that date, conveyed the same to the defendant Silas A. Elkins and Eliza J. Elkins, his wife, for the recited consideration of $2,000. The land conveyed is situate in Pike county and Contains ninty-nine acres. In March, 1894, the said ' Eliza J. Elkins died ' without issue, leaving the plaintiffs, her brother and sisters, her only heirs at law.
*650Afterward on the sixteenth of July, 1895, this suit was instituted by them against the said Silas in the…
2Cases cited9 opinions
- Garner v. JonesSupreme Court of Missouri · 1873
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Gilliland v. GillilandSupreme Court of Missouri · 1888
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