Pitts v. Sheriff
Supreme Court of Missouri
Appeal from Hiclcory Circuit Court. — How. W. I. Wallace, Judge. (1) The deed offered in evidence by the defendant from the plaintiff to Sarah E. Pitts and Theodocia Pitts did not pass any title to Theodocia, for the reason that her name is not in the body of the deed, but only in the habendum, and for that reason plaintiff’s objections thereto should have been sustained. (2) The court erred in permitting the witness, Sarah E. Pitts, to testify.
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Appeal from Hiclcory Circuit Court. — How. W. I. Wallace, Judge. (1) The deed offered in evidence by the defendant from the plaintiff to Sarah E. Pitts and Theodocia Pitts did not pass any title to Theodocia, for the reason that her name is not in the body of the deed, but only in the habendum, and for that reason plaintiff’s objections thereto should have been sustained. (2) The court erred in permitting the witness, Sarah E. Pitts, to testify. She is incompetent to testify as to any statements or communications made by the plaintiff to her, while she was his wife, or to testify at all in…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for the northwest quarter of the southwest quarter of section 2, and northeast quarter of southeast quarter of section 3, in township 35, range 22, in Hickory county, Missouri. Ouster is laid November 2, 1887. The answer is a general denial. Title was shown in plaintiff up to February 14, 1879. On that date he executed and acknowledged a warranty deed to the above land's to his wife, Sarah E. Pitts. At that time, they had one child, a daughter, Theodocia Pitts. In the habendum *114clause in the deed only, Theodocia’s name appears as one of the grantees.
After the…
2Cases cited10 opinions
- Shepard v. ShepardNew York Court of Chancery · 1823
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Small v. FieldSupreme Court of Missouri · 1890
- Turner v. ShawSupreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Stark v. KirchgraberSupreme Court of Missouri · 1905
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