Legal Opinion

Rumsey v. Otis

Supreme Court of Missouri

Decided March 3, 1896PublishedCited by 17 opinions

Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) There was a sufficient delivery of the Stringer deed so as to pass the title to Tama Otis and appellants’ fourth instruction as asked should have been given. Parker v. Parker, 8 N. W. Rep. (Iowa) 806. That case is in many respects similar to this.

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Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) There was a sufficient delivery of the Stringer deed so as to pass the title to Tama Otis and appellants’ fourth instruction as asked should have been given. Parker v. Parker, 8 N. W. Rep. (Iowa) 806. That case is in many respects similar to this. There the court say: “The delivery of the deed to plaintiff with the intention that it should take effect as a conveyance operated to divest Peters of his title to the property; and as title must vest somewhere and could vest in no one except the grantee named in the deed it follows…

1Opinion of the CourtGantt, P. J.

Less than three acres of land of the yearly rental value of $1.50 an acre is the bone of this contention. Plaintiff sues her brother, the defendant in ejectment, for an undivided one seventh of the south half of the southwest quarter of the southwest quarter of section 30, township 66, range 34, Nodaway county.

In 1864, Thomas Stringer, living in Illinois, owned this land in Nodaway county, Missouri. Merrill Otis and Tama Otis were the father and mother of plaintiff Sarah Rumsey. Merrill Otis and his wife and children were nonresidents. Edward Otis, a brother of Merrill Otis, lived in Nodaway…

2Cases cited6 opinions

  1. Younge v. GuilbeauSupreme Court of the United States · 1866
  2. Sneathen v. SneathenSupreme Court of Missouri · 1891
  3. Hamilton v. ArmstrongSupreme Court of Missouri · 1894
  4. Tobin v. BassSupreme Court of Missouri · 1885
  5. Chowder v. SearcySupreme Court of Missouri · 1890

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3Cited by17 opinions

  1. In Re Estate of WintermannSupreme Court of Missouri · 1973
  2. Wantuck v. United Savings and Loan AssociationSupreme Court of Missouri · 1971
  3. Young v. McWilliamsSupreme Court of Kansas · 1907
  4. Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
  5. Cook v. DanielsSupreme Court of Missouri · 1957

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