Howell v. Sherwood
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Eon.' Alfred Page, Judge. (1) The so-called deed from W. D. Fulbriglit to D. L. Fulbriglit is void for lack of operative words of conveyance.
Read the full summary
Appeal from Greene Circuit Court. — Eon.' Alfred Page, Judge. (1) The so-called deed from W. D. Fulbriglit to D. L. Fulbriglit is void for lack of operative words of conveyance. Becker v. Stroeher, 167 Mo. 306; McGarrigan v. Asylum, 145 Cal. 694; Brettman v. Fischer, 74 N. E. (111.) 777; Riech v. Dyer, 86 N. Y. Supp. 544. (2) The deed from D. L. Fulbright to Carleton is either totally void for uncertainty of description or it conveys but a fractional part of the land sued for. The sheriff’s deed attempting to convey Carleton’s interest is absolutely void because of lack of jurisdiction in the…
1Dissent
DISSENTING OPINION.
GRAVES, J.
I cannot concur in the views of my brother Lamm in this case, for at least two rea*559sons. Firing from behind the bulwark of a common source of title, the opinion permits plaintiff to recover. But for, the alleged common source of title a most serious barrier precludes the plaintiffs in their progress to divest defendant of his land. Can plaintiff rely upon the common source.of title? The action is one of plain ejectment. The petition is in ordinary form. The answer is (1) a general denial, (2) a plea of the thirty-year Statute of Limitations, and (3) a plea of…
2Cases cited15 opinions
- Fosburgh v. RogersSupreme Court of Missouri · 1893
- Hunter v. PattersonSupreme Court of Missouri · 1898
- Gambril v. Doe ex dem. RoseIndiana Supreme Court · 1846
- Long v. WagonerSupreme Court of Missouri · 1870
- Linville v. GreerSupreme Court of Missouri · 1901
10 more not listed; retrieve them via the Exa API.