Aubuchon v. Bender
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Covenant to stand séized is one of the forms of conveyance upon which the statute of uses operates. (Burton, 21 Law Lib. 19, § 136; 4 Kent Com. 492.) The deed of April 23, 1844, is a covenant to stand seized. (Roe v. Tranmarr, Willes, 682.) II. Both the deeds are voluntary conveyances, neither of them being to bona fide purchasers for a valuable consideration. The registry act, therefore, does not apply.
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Appeal from St. Louis Circuit Court. I. Covenant to stand séized is one of the forms of conveyance upon which the statute of uses operates. (Burton, 21 Law Lib. 19, § 136; 4 Kent Com. 492.) The deed of April 23, 1844, is a covenant to stand seized. (Roe v. Tranmarr, Willes, 682.) II. Both the deeds are voluntary conveyances, neither of them being to bona fide purchasers for a valuable consideration. The registry act, therefore, does not apply. (4 Kent, 456 ; Doe v. James, 16 East. 212, new ed. 406 ; Paul v. Fulton, 25 Mo. 157, 168; Strickland v. McCormick, 14 Mo. 166.) The statute applies…
1Opinion of the CourtBliss, Judge
This is an action of ejectment, which was originally brought in the Land Court, but transferred to the Circuit Court, to recover *562possession of lot six, in block one, in II. U. Soulard’s addition to the city of St. Louis. The wife of Paul Aubuchon, formerly the wife of Adolph Dantin, and the other plaintiffs, children of said Adolph by said wife, claim to hold the property by virtue of a covenant to stand seized to uses executed by said Adolph and wife, then Cecile Dantin (named in the deed as Cecile Clement), April 23, 1844. It appears that about the time of the execution of this deed, the…
2Cited by32 opinions
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- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Gates v. SeibertSupreme Court of Missouri · 1900
- State Bank v. FrameSupreme Court of Missouri · 1892
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