Smith v. Denny
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. The petition was as follows: “William H. Smith and E. Leona Smith, by John M. Keithly, their guardian; Woodford Keithly and Mary M. Keithly, his wife, plaintiffs, v. Raphael Denny, Lawrence Eisher, Raphael Denny, executor of Rachel Denny, Raphael Denny, and Martina Denny, administrators of John Denny, defendants. — In the Circuit Court of St. Charles county, May term, 1865. “ Plaintiffs by leave of court file their amended petition, and…
Read the full summary
Appeal from St. Charles Circuit Court. The petition was as follows: “William H. Smith and E. Leona Smith, by John M. Keithly, their guardian; Woodford Keithly and Mary M. Keithly, his wife, plaintiffs, v. Raphael Denny, Lawrence Eisher, Raphael Denny, executor of Rachel Denny, Raphael Denny, and Martina Denny, administrators of John Denny, defendants. — In the Circuit Court of St. Charles county, May term, 1865. “ Plaintiffs by leave of court file their amended petition, and state that Rachel Denny, on the-day of November, 1842, by deed of that date, which deed is not in possession or under…
1Opinion of the CourtWagner, Judge
The petition in this case shows no cause of action. The deed from Rachel Denny to John Denny vested the title to the slaves in the latter, in trust for Mary Smith during her natural life. Should she die before her husband, then he was to have the use and control of them whilst he lived ; remainder then to vest absolutely in the issue of the said Mary, if any survived her ; but if she died no issue surviving, then they were to revert to the donor.
Rachel Ann Smith was the only issue born of the marriage of John Adam Smith and Mary Denny, and she survived them both, and by the terms of the deed…
2Cited by26 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Richardson v. ColeSupreme Court of Missouri · 1901
- Becraft v. LewisMissouri Court of Appeals · 1890
- Murphy v. HanrahanWisconsin Supreme Court · 1880
21 more not listed; retrieve them via the Exa API.