Allen v. DeGroodt
Supreme Court of Missouri
Appeal from Pilce Circuit Court. — Hon. Elijah Robinson, Judge. (1) Had the trustee’s deed been valid and passed the entire fee to Marshall S. Allen, the grantee, Marshall S. Allen, as life tenant, would have taken the fee for the benefit of the remaindermen. To take it for his own benefit ‘ ‘ would have been such a fraud upon them as the law will not tolerate.”
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Appeal from Pilce Circuit Court. — Hon. Elijah Robinson, Judge. (1) Had the trustee’s deed been valid and passed the entire fee to Marshall S. Allen, the grantee, Marshall S. Allen, as life tenant, would have taken the fee for the benefit of the remaindermen. To take it for his own benefit ‘ ‘ would have been such a fraud upon them as the law will not tolerate.” Keith v. Keith, 80 Mo. 129; Whitney, AdmJr, v. Salter, 86 Minn. 103. (2) The defendants derived no title from the pretended tax sale of March 9, 1880. {a) Because part of the taxes for which the judgment was rendered was illegal, no…
1Opinion of the Court
Sherwood, ,T.
— Ejectment for certain lots in the Fifth addition to the city of Louisiana. Betty Parry is *161the common source of title, and the plaintiffs are the remaindermen in a conveyance made by Betty Parry in October, 1845, Marshall S. Allen, father of plaintiff J. J. Allen, being created life-tenant by the same instrument. In 1843, Betty Parry had conveyed the land to McQuie, trustee, to secure a debt due McCune, amounting to twelve hundred and seventy dollars, under which deed it was afterwards sold, Marshall S. Allen, life-tenant, being the purchaser, and receiving a deed for the…
2Cases cited5 opinions
- Troyer v. WoodSupreme Court of Missouri · 1888
- Whitney v. SalterSupreme Court of Minnesota · 1886
- Chamberlain v. BlodgettSupreme Court of Missouri · 1888
- Varney v. StevensSupreme Judicial Court of Maine · 1843
- Bartlett v. KauderSupreme Court of Missouri · 1888
3Cited by23 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Anderson v. NorthropSupreme Court of Florida · 1892
- Eason v. SpenceSupreme Court of North Carolina · 1950
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
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