Hempstead v. Easton
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. John Bte. Savoye owned a tract of land, being a part of the Prairie Basse or St. Charles common field and domain, having a front of two arpens, and a depth of fifty-three arpens, surveys Nos. 221 and 222. Savoye died, having made a will, dated April 30,1806, and bequeathed the tract of land above dscribed to Helen Perrott and Felicité Perrott.
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Appeal from St. Charles Circuit Court. John Bte. Savoye owned a tract of land, being a part of the Prairie Basse or St. Charles common field and domain, having a front of two arpens, and a depth of fifty-three arpens, surveys Nos. 221 and 222. Savoye died, having made a will, dated April 30,1806, and bequeathed the tract of land above dscribed to Helen Perrott and Felicité Perrott. Helen Perrott intermarried with Paul Denoyer, and said Felicité Perrott intermarried with one Joseph Corley. By deed dated November 8, 1820, but acknowledged before a justice of the peace for Montgomery county, in…
1Opinion of the CourtBates, Judge
The Circuit Court erred in the declaration of law given. The deed of Denoyer and wife to Hempstead was, as a conveyance of the wife’s title, merely void. The recital in the deed from Denoyer and wife to Russell is not an estoppel upon Russell and the defendant claiming under Russell.
There can be no estoppel upon one party unless the other is equally estopped. Mutuality is a necessary ingredient of an estoppel. Mrs. Denoyer was not estopped, because she was a married woman and could not be so bound, and consequently Russell was not estopped either. Hempstead was no party to the deed to…
2Cited by8 opinions
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Rannells v. GernerSupreme Court of Missouri · 1883
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Henry v. WoodsSupreme Court of Missouri · 1883
- City of Unionville v. MartinMissouri Court of Appeals · 1902
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