Bains v. Bullock
Supreme Court of Missouri
Appeal from Balias Circuit Court. — Hon. Argus Cox, Judge. (1) This case should be simply reversed. The respondent has no standing in court and demurrer to the evidence ought to have been sustained. Respondent’s evidence showed a conveyance to husband and wife which constitutes an estate in entirety. Gibson v. Zimmerman, 12 Mo. 385; Garner v. Jones, 52 Mo. 68; Modrell v. Biddle, 82 Mo. 31; Corrigan v. Tiernay, 100 tied to the possession during their joint lives.
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Appeal from Balias Circuit Court. — Hon. Argus Cox, Judge. (1) This case should be simply reversed. The respondent has no standing in court and demurrer to the evidence ought to have been sustained. Respondent’s evidence showed a conveyance to husband and wife which constitutes an estate in entirety. Gibson v. Zimmerman, 12 Mo. 385; Garner v. Jones, 52 Mo. 68; Modrell v. Biddle, 82 Mo. 31; Corrigan v. Tiernay, 100 tied to the possession during their joint lives. Tiede. man on Real Property, p. 161, see. 242; 1 Wash, on Real Property, p. 673, see. 2; 6 Am. & Eng. Encyclopedia of Law, p. 894,…
1Opinion of the CourtMacfarlane, J.
The suit is ejectment to recover a tract of land in Dallas county. The answer is a general denial. Plaintiff is the wife of Robert S. Bains. The husband is not joined as a party to the suit. The title to the land is vested in Robert S. Bains and Mag- . gie Bains, under deeds dated respectively October 15, 1888, and April 16, 1891. Each of the deeds conveys a distinct parcel of the land. It was agreed that defendants were in possession.
Plaintiff went into possession of the land under these deeds. Plaintiff afterward locked the house and went to her mother’s to stay, because she was “afraid to…
2Cases cited7 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Garner v. JonesSupreme Court of Missouri · 1873
- Cooper v. OrdSupreme Court of Missouri · 1875
- Corrigan v. TiernaySupreme Court of Missouri · 1889
- Gray v. DrydenSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- Frost v. FrostSupreme Court of Missouri · 1906
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
17 more not listed; retrieve them via the Exa API.