Baker v. Stewart
Supreme Court of Kansas
Error from Franklin District Court. This was an action brought by Mary E. Stewart in the district court of Franklin county, against Frank A. Baker, to recover damages for an alleged breach of certain covenants contained in a general warranty deed executed by Baker and wife to the plaintiff for certain lands situated in that county.
Read the full summary
Error from Franklin District Court. This was an action brought by Mary E. Stewart in the district court of Franklin county, against Frank A. Baker, to recover damages for an alleged breach of certain covenants contained in a general warranty deed executed by Baker and wife to the plaintiff for certain lands situated in that county. Trial at the October term, 1886. A jury was waived, and the case was submitted to the court upon the following agreed statement of facts : “1. Joshua Baker, being the owner in fee simple of the said land in controversy, on the 23d day of November, 1877, together…
1DissentHobtON, C. J.
At common law, where real property was conveyed to the husband and wife by deed, both husband and wife were seized of the estate thus granted per tout, et non per my (by the whole, and not by a part), as one person, and not as joint tenants, or tenants in common. The survivor becomes sole seized of the entirety of the estate. The reason why, under a- conveyance to husband and wife, they did not take, either as joint tenants or tenants in common, *455was that they were, according to principles of the common law, incapable of so taking. The authorities fully sustain this statement of the reasons on…
2Cases cited19 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Stevens v. StevensNew York Supreme Court · 1819
- Knaggs v. MastinSupreme Court of Kansas · 1872
14 more not listed; retrieve them via the Exa API.