Smith v. Egan
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) Mary Margaret Smith, even though non compos mentis, was capable of taking as grantee in the deed to her from her mother and father, Nancy J. and Paschal E. Smith. 'Washburn on Real Property (3 Ed), p. 240; Tiedeman on Real Property, sec. 797; 91 Am. & Eng. Ency.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) Mary Margaret Smith, even though non compos mentis, was capable of taking as grantee in the deed to her from her mother and father, Nancy J. and Paschal E. Smith. 'Washburn on Real Property (3 Ed), p. 240; Tiedeman on Real Property, sec. 797; 91 Am. & Eng. Ency. Law (2 Ed.), p. 131. (2) ' The deed from Nancy J. and Paschal E. Smith to Mary Margaret Smith was placed on record and the burden of proof is on defendants to show that such deed was not delivered to her or to some third person for her benefit. There is no evidence in…
1Opinion of the Court
WOODSON, P. J. —
This is an action of ejectment to recover the possession of one-ninth interest in eighty acres of land situated in Saline county.' The petition was in the usual form, and the answer was a general denial and an equitable defense. The judgment of the circuit court was in favor of the defendant, and the plaintiff appealed the cause to this court.
The facts are practically undisputed and are as follows:
On and long prior to March 26, 1899, Paschal E. Smith and Nancy J. Smith were husband and wife, and were the parents of ten children — -three of whom were dead, all leaving surviving…
2Cases cited8 opinions
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Blagge v. BalchSupreme Court of the United States · 1896
- Adee v. . CampbellNew York Court of Appeals · 1879
- Keniston v. MayhewMassachusetts Supreme Judicial Court · 1897
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3Cited by7 opinions
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- Barrett v. EgbertsonNew Jersey Court of Chancery · 1920
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