Rothwell v. Jamison
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The possession of Tilomas L. Gorbam and his grantees is the possession of a life estate by curtesy by marriage with Sarah F. Gorham and the interest of the appellant is her fee in remainder, and the life tenants’ possession is not and can not be adverse to the remainderman. -Rumsey v. Otis, 133 Mo. 85; Dyer v. Witler, 89 Mo. 81; Sutton v. Casseleggi, 11 Mo. 397. (2) The court erred in admitting in evidence…
Read the full summary
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) The possession of Tilomas L. Gorbam and his grantees is the possession of a life estate by curtesy by marriage with Sarah F. Gorham and the interest of the appellant is her fee in remainder, and the life tenants’ possession is not and can not be adverse to the remainderman. -Rumsey v. Otis, 133 Mo. 85; Dyer v. Witler, 89 Mo. 81; Sutton v. Casseleggi, 11 Mo. 397. (2) The court erred in admitting in evidence over plaintiff’s objection the certified transcript of the alleged will of Martha Ann Frances Hillman from the record of…
1Opinion of the CourtBurgess, J.
— This is an action of ejectment for the possession of forty acres of land in Saline county, Missouri. The petition is in the usual form and the answer a general denial.
*606The case was tried by the court, a jury being waived.
There was judgment for defendants from which plaintiff, after an unsuccessful motion for a new trial, appeals.
Both parties claim title under one Martha Ann Frances Gorham as the common source of title.
The facts are stated by counsel for defendant to be as follows:
The plaintiff’s position is that Martha Ann Erances Gorham died intestate leaving as her sole heir a daughter,…
2Cases cited14 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Dyer v. WittlerSupreme Court of Missouri · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Davis v. GatewoodSupreme Court of Missouri · 1957
- State Ex Rel. Missouri Gas & Electric Service Co. v. TrimbleSupreme Court of Missouri · 1925
- Hartwell v. ParksSupreme Court of Missouri · 1912
9 more not listed; retrieve them via the Exa API.