Garrett v. Wiltse
Supreme Court of Missouri
Appeal from. Buchanan Circuit Court. — Hon. C. A. Mosmcm, Judge. (1) Tlie use of the word “heirs” in the premises vjf the deed carries no special significance and in nowise militates against the well-settled rule that wherever such words are used they are intended and presumed to he intended to be words of limitation and not words of purchase.
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Appeal from. Buchanan Circuit Court. — Hon. C. A. Mosmcm, Judge. (1) Tlie use of the word “heirs” in the premises vjf the deed carries no special significance and in nowise militates against the well-settled rule that wherever such words are used they are intended and presumed to he intended to be words of limitation and not words of purchase. It is very appropriate that these words should appear in the premises or granting clause of the deed. 3 Washburn on Eeal Property (5 Ed.), par. 6. (2) The term “heir” is a legal term and is used in a legal sense with a fixed meaning. The word has a…
1Opinion of the CourtLamm, J.
This is a suit under section 650, Revised Statutes 1899, to try and determine title to the west half of the northeast quarter of section 2, township 56, range 34, containing eighty-three acres situate in Buchanan county.
The case is this: All parties claim under William M. Whitson, deceased, the common source of title. In 1893 William conveyed by warranty deed, duly recorded, to his married daughter, Laura Alice Garrett, “and heirs,” for a consideration of five dollars. (This deed is the bone of contention and its terms will hereafter appear.) At the date of that conveyance Laura Alice had…
2Cases cited13 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Utter v. SidmanSupreme Court of Missouri · 1902
- State ex rel. School District v. GordonSupreme Court of Missouri · 1909
- State v. WeaverSupreme Court of Missouri · 1901
- Kansas City v. WoerishoefferSupreme Court of Missouri · 1913
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3Cited by20 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Eckle v. RylandSupreme Court of Missouri · 1914
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Andrews v. Metropolitan Building Co.Supreme Court of Missouri · 1942
15 more not listed; retrieve them via the Exa API.