Hale v. Audsley
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Prom consideration of the whole of said will, taken together, in its general scope and design, said testator entailed all real property he owned at the date of his will, and entailed all real property acquired after the date of said will (except the one-third (1-3) interest in the Latham farm, by him owned at the date of his will), and that, at the time of the execution of the contract, read in evidence,…
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Prom consideration of the whole of said will, taken together, in its general scope and design, said testator entailed all real property he owned at the date of his will, and entailed all real property acquired after the date of said will (except the one-third (1-3) interest in the Latham farm, by him owned at the date of his will), and that, at the time of the execution of the contract, read in evidence, for the sale of real estate to defendant, these plaintiffs did not then have the indefeasible estate in fee in said…
1Opinion of the CourtBlack, P. J.
On the twenty-fifth of July, 1891, plaintiffs J. B. Hale and Lelia Hale sold to defendant Audsley a tract of land containing about one-hundred •and sixty acres at $27.50 per acre. The defendant paid $500 before and after taking (possession ; and this is a •suit to enforce a vendor’s lien for the balance of the purchase price. The defense is a defect in the title to thé undivided one-sixth. Whether there is such a ■defect depends upon the construction to be given to the third and fifth paragraphs of the last will of Chailes Sterne, the material parts of which will are as follows:
“In the second…
2Cases cited2 opinions
- Liggat v. HartSupreme Court of Missouri · 1856
- Applegate v. SmithSupreme Court of Missouri · 1860
3Cited by3 opinions
- Audsley v. HaleSupreme Court of Missouri · 1924
- Mueller v. BuengerSupreme Court of Missouri · 1904
- Webb v. ArchibaldSupreme Court of Missouri · 1895