Legal Opinion

Hunter v. Patterson

Supreme Court of Missouri

Decided January 18, 1898PublishedCited by 15 opinions

Appeal from Andrew Circuit Court. — Hon. "WilliamS. Hebndon, Judge. (1) The deed conveyed an estate tail — a life estate to Joseph S. Hunter with remainder to plaintiffs who are the children and heirs of the body of said Joseph S. Hunter. The proper words to create an estate tail are “heirs of the body.” 6 Am. and Eng. Ency. of Law, 879; 2 Bl.

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Appeal from Andrew Circuit Court. — Hon. "WilliamS. Hebndon, Judge. (1) The deed conveyed an estate tail — a life estate to Joseph S. Hunter with remainder to plaintiffs who are the children and heirs of the body of said Joseph S. Hunter. The proper words to create an estate tail are “heirs of the body.” 6 Am. and Eng. Ency. of Law, 879; 2 Bl. Com. 114. Under the statute, Revised Statutes 1889, section 8836, said Joseph S. Hunter took an estate for life' with remainder to his children, the heirs of his body. McCulloch v. Holmes, 111 Mo. 445; Wood v. Kice, 103 Mo. 329; Phillips v. Lafarge, 89…

1Opinion of the CourtRobinson, J.

This is a suit in equity instituted in the Andrew Circuit Court by the children and heirs of the body of Joseph Si. Hunter, deceased, to correct an alleged mistake in a deed executed by Joseph Hunter, deceased, on January 19, 1858, whereby he conveyed to his son Joseph S. Hunter the northwest quarter of the northeast quarter of section 1, township 59, range 36, in Andrew county, instead of the northwest quarter of the southeast quarter of said section, which the petition alleges is the correct description of the property intended to be conveyed, and to recover possession of the same with the…

2Cases cited8 opinions

  1. Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
  2. Bone v. TyrrellSupreme Court of Missouri · 1892
  3. Major v. BukleySupreme Court of Missouri · 1873
  4. McCullock v. HolmesSupreme Court of Missouri · 1892
  5. Reed v. LaneSupreme Court of Missouri · 1894

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3Cited by15 opinions

  1. Dickson v. Van HooseSupreme Court of Alabama · 1908
  2. Cox v. JonesSupreme Court of Missouri · 1910
  3. Herron v. M. Rumley Co.Supreme Court of Oklahoma · 1911
  4. Whetstone v. HuntSupreme Court of Arkansas · 1906
  5. McCormick Ex Rel. McCormick v. Lowe & Campbell Athletic Goods Co.Missouri Court of Appeals · 1940

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