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.
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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.
WOODSON, J.
I adhere to my views of this case as expressed by me in the opinion filed in Division No. 1, which will be attached hereto.
It is not denied by the majority opinion that those views do not state the law of the case, but for reasons best known to the majority, they are brushed aside as so much waste paper, although they express the views of this court as stated in the numerous eases, cited therein.
*549Said opinion is as follows:
This is an action of ejectment, brought in the circuit court of Greene county, for the purpose of recovering possession of a certain tract of…
2Cases cited11 opinions
- Gates v. TustenSupreme Court of Missouri · 1886
- Feurt v. CasterSupreme Court of Missouri · 1903
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Norvell v. PorterSupreme Court of Missouri · 1876
- State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
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