Anglade v. St. Avit
Supreme Court of Missouri
Error to Gape Girardeau Court of Common Pleas. — Hon. H. G. Wilson, Judge. 1. The contract did not vest any legal estate in the land. It contained no operative words of conveyance, and without such words in praesenti, the plaintiff could not recover. McKinney v. Settles, 31 Mo. 544; 2 Wash. Real Prop., p. 619. 2. The estate settled upon the wife was ■simply an equitable jointure, to be enjoyed by her after her husband’s decease for her own life only, in lieu of dower.
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Error to Gape Girardeau Court of Common Pleas. — Hon. H. G. Wilson, Judge. 1. The contract did not vest any legal estate in the land. It contained no operative words of conveyance, and without such words in praesenti, the plaintiff could not recover. McKinney v. Settles, 31 Mo. 544; 2 Wash. Real Prop., p. 619. 2. The estate settled upon the wife was ■simply an equitable jointure, to be enjoyed by her after her husband’s decease for her own life only, in lieu of dower. Coke’s Litt., 36, 6; 1 Wash. R. P., (4 Ed.) p. 315; 2 Blackstone, 137; 1 Bish. M. W., pp. 392-4; Stephens’ Com., 255 ; 4 Kent,…
1Opinion of the CourtSherwood, C. J.
— This action of ejectment is the result of a proceeding to quiet title to certain land in Cape Girardeau county. The plaintiffs claim under their mother, whose rights to the land in question, arise under the ante-nuptial contract. Anglade, the father, bought the property which was then incumbered by a mortgage to the county executed by Desbonne, and with this incumbrance still subsisting, the marriage contract was made and the marriage consummated.
1. ANTE-NUPTIAL contract: deed inpraesenti. We l’egard the words employed in the ante-nuptial contract, as sufficient to convey the fee to the…
2Cases cited1 opinion
- Sanford v. McLeanNew York Court of Chancery · 1831
3Cited by13 opinions
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- Plum v. Studebaker Bros.' ManufacturingSupreme Court of Missouri · 1886
- Wilson v. AlbertSupreme Court of Missouri · 1886
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