Burris v. Page
Supreme Court of Missouri
APPEAL FROM WASHINGTON. CIRCUIT COURT. STATEMENT OP THE CASE. This. was. an action of ejectment brought by James D, Page, who is the eldest son of James M. and Sybill H Page, against David- Burris, for a tract of land containing 80 64 acres, lying in- Washington county. On the trial, the attorneys for the. parties made a case for the opinion of the court.
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APPEAL FROM WASHINGTON. CIRCUIT COURT. STATEMENT OP THE CASE. This. was. an action of ejectment brought by James D, Page, who is the eldest son of James M. and Sybill H Page, against David- Burris, for a tract of land containing 80 64 acres, lying in- Washington county. On the trial, the attorneys for the. parties made a case for the opinion of the court. The facts agreed upon are as follows: That Samuel C. White was, at and before the commencement of this suit, guardian of James D. Page,.having been appointed by the county court of Washington. That -lames D. Page, the plaintiff, is the…
1Opinion of the Court
Scott, judge,
delivered the opinion of the court.
We see no room for doubt in this case. By the 4th section of the act concerning conveyances, Rev. Code 1825, Sybill Page took a life estate in the premises conveyed to her. The deed conveyed to her an estate in fee-tail, and by that statute she took only a life estate with remainder in fee to those to whom the estate would have passed on the death of the first donee according to the course of the common law. Whether it was intended or not, both dower and courtesy are necessarily barred. *361as the first donee takes only á life estate, a tenure to…
2Cited by3 opinions
- Hall v. FrenchSupreme Court of Missouri · 1901
- Schee v. BooneSupreme Court of Missouri · 1922
- Alexander v. WarranceSupreme Court of Missouri · 1852