Legal Opinion

Garner v. Jones

Supreme Court of Missouri

Decided February 15, 1873PublishedCited by 28 opinions

Error to Buchanan Circuit Court. cited: Gibson vs. Zimmermann, 12 Mo., 385 ; Shaw, et al., vs. Hearseys, 5 Mass., 521 ; Fox vs. Fletcher, 8 Mass., 274 ; Torrey vs. Torrey, 14 N. Y., 430 ; Wright vs. Saddler, 20 N. Y., 320. This was a conveyance of land by a.father to his daughter and her husband, which was intended as an advancement or gift to the daughter, and hence it vested no estate in the husband, except as trustee for his wife.

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Error to Buchanan Circuit Court. cited: Gibson vs. Zimmermann, 12 Mo., 385 ; Shaw, et al., vs. Hearseys, 5 Mass., 521 ; Fox vs. Fletcher, 8 Mass., 274 ; Torrey vs. Torrey, 14 N. Y., 430 ; Wright vs. Saddler, 20 N. Y., 320. This was a conveyance of land by a.father to his daughter and her husband, which was intended as an advancement or gift to the daughter, and hence it vested no estate in the husband, except as trustee for his wife. (Tyler on Infancy and Coverture, page 494; Barncord vs. Kuhn, 36 Penn. St., R., 383.)

1Opinion of the CourtAdams, Judge

The following statement has been agreed upon by both parties and forms the basis of this opinion.

This was a suit in ejectment in the Circuit Court of Buchanan County, in which the plaintiffs seek to recover possession of certain real estate described in their petition.

*69The defendant filed his answer, admitting that he was in possession, but claiming title.

The cause was submitted to the court on the following agreed statement of facts, viz:

That on and before the 19th day of July, 1851, one George L. Holden was seized and possessed in fee simple of the land in dispute; that on said day said…

2Cases cited1 opinion

  1. Gibson v. ZimmermanSupreme Court of Missouri · 1849

3Cited by28 opinions

  1. Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
  2. Hall v. StephensSupreme Court of Missouri · 1877
  3. United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
  4. Shroyer v. NickellSupreme Court of Missouri · 1874
  5. Schwind v. O'HalloranSupreme Court of Missouri · 1940

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