Gibson v. Zimmerman
Supreme Court of Missouri
ERROR TO ST. LOUIS CIRCUIT COURT. The plaintiff in error relies on the 13th section of an iSact regulating conveyances. R. C. 184b >> 221. The spirit and meaning of this act is opposed to the construction given to it by the circuit court, and such construction is opposed to the genius of republics, and the universal practice of this government, as well as to common sense and justice.
Read the full summary
ERROR TO ST. LOUIS CIRCUIT COURT. The plaintiff in error relies on the 13th section of an iSact regulating conveyances. R. C. 184b >> 221. The spirit and meaning of this act is opposed to the construction given to it by the circuit court, and such construction is opposed to the genius of republics, and the universal practice of this government, as well as to common sense and justice. See as authority on this point, Whittlesey Vs. Fuller etal. 11 Con.Rep. 337. 1st, That at common law a conveyance to husband and wife in fee, vests the estate in them as one person, the whole of which remains in…
1Opinion of the Court
Judge Hyland
delivered the opinion of the court.
The only point in this case for our adjudication, is the effect of a conveyance of land in fee to a man and his Avife during the coverture. The court below held that such a conveyance vested the entirety in each ; that on the death of the husband, the wife surviving, was seized of the whole. In other words, that the husband and wife, grantees in a deed in fee,, being in law one person, take the estate, not as tenants in common; not as joint tenants ; but as tenants in entireties, each having the whole, and each unable, during the life of the…
2Cited by27 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Hall v. StephensSupreme Court of Missouri · 1877
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Holt v. MyersMissouri Court of Appeals · 1973
22 more not listed; retrieve them via the Exa API.