Legal Opinion

Ellenmann v. Thompson

Supreme Court of Missouri

Decided March 15, 1847PublishedCited by 3 opinions

APPEAL from St. Louis Circuit Court. The only question involved in the case, is whether the deed cf 30th of May, 1842, was effectual to pass the life estate of John Boschenstein, in the lot in question; if it was so, then nothing remained to pass under the execution sale of the plaintiff below, and the plaintiff was not entitled to recover, Eor the purposes of the present hearing, it will be admitted that the deed was informally executed to pass the estate of the wife.

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APPEAL from St. Louis Circuit Court. The only question involved in the case, is whether the deed cf 30th of May, 1842, was effectual to pass the life estate of John Boschenstein, in the lot in question; if it was so, then nothing remained to pass under the execution sale of the plaintiff below, and the plaintiff was not entitled to recover, Eor the purposes of the present hearing, it will be admitted that the deed was informally executed to pass the estate of the wife. Nevertheless it may be good against the husband, John Boschenstein. Bryan vs. Wear, 4 Mo. Bep., 106. - The appellants insist…

1Opinion of the CourtNapton, J.

This was an action of ejectment brought by Thomson against Ellenmann and others, to recover possession of a lot of ground in St. Louis. The plaintiff obtained a judgment. The facts were agreed upon at the trial and submitted to the court. They were as follows:

On the 30th May, 1842, the legal title to the premises, was in Emma Boschenstein, then and still the wife of John Boschenstein. On the 14th July, 1842, a judgment was recovered against John Boschenstein by F. W. & J. Thompson, for $215 47. On the 15th July, 1842, a writ of fi. fa. was issued on said judgment and returned nulla hona. On…

2Cited by3 opinions

  1. Pratt v. EatonSupreme Court of Missouri · 1877
  2. Deguire v. St. Joseph Lead Co.U.S. Circuit Court for the District of Eastern Missouri · 1889
  3. Valle v. ObenhauseSupreme Court of Missouri · 1876

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