Morrison v. Roehl
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. ■ — Hon. Benj. F. Davis, Judge. (1) Mrs. Roehl, at the time of the sale by the trustee, was in possession of the premises as tenant for life. She had a dower and homestead interest. Raymond E. Roehl, to whose interest plaintiff has succeeded, was a minor until after the death of the mother, lived with her upon the premises continuously, and as an heir of his father, Julius Roehl, had a vested interest in remainder.
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Appeal from Cape Girardeau Court of Common Pleas. ■ — Hon. Benj. F. Davis, Judge. (1) Mrs. Roehl, at the time of the sale by the trustee, was in possession of the premises as tenant for life. She had a dower and homestead interest. Raymond E. Roehl, to whose interest plaintiff has succeeded, was a minor until after the death of the mother, lived with her upon the premises continuously, and as an heir of his father, Julius Roehl, had a vested interest in remainder. Under the circumstances the attempted purchase of absolute title, as an effort to cut off and destroy the remainder, was a breach…
1Opinion of the CourtGraves, J.
The facts shown and matters pleaded can be well stated together in this case.
In September, 1883, Julius Roehl, who was then the owner of the real estate in dispute, died. This property was his homestead and was acquired in 1874. Upon this homestead, he, being joined therein by his wife Maria, had placed a deed of trust of date April 1, 1880, to secure the payment of three several notes of the sum of $226.10 each, bearing interest at ten per cent compound interest, and payable in one, two and three years. No administration was had upon his estate, but the probate court of Cape Girardeau…
2Cases cited5 opinions
- Bowling's Heirs v. Dobyns' AdministratorsCourt of Appeals of Kentucky · 1837
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Jones v. StantonSupreme Court of Missouri · 1848
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Myers v. DaviessCourt of Appeals of Kentucky · 1850
3Cited by6 opinions
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Muzzy v. MuzzySupreme Court of Missouri · 1953
- Bragg v. RossSupreme Court of Missouri · 1942
- Fleming v. BrunnerCourt of Appeals of Maryland · 1961
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