Bassett v. O'Brien
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Tbe deed executed by Mrs. Tbornton to the guardian of her children, contemplated in law the contingency of her death. It contemplated that upon the happening of that event the law would cast the fee upon the children. This she could not prevent except by a will.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Tbe deed executed by Mrs. Tbornton to the guardian of her children, contemplated in law the contingency of her death. It contemplated that upon the happening of that event the law would cast the fee upon the children. This she could not prevent except by a will. The transaction contemplated also that in the event of her death her personal estate would still be liable, and that the note might be collected from the father alone. It is clear that when the mother died there was a merger of the deed of trust. It was to the…
1Opinion of the CourtGantt, P. J.
This is an appeal from a final judgment sustaining a demurrer to the petition.
The petition is in these words:
“Plaintiff states that on the 4th day of May, 1896, defendant O’Brien, claiming to own and intending to convey the fee in the premises hereinafter described, executed and delivered to plaintiff a general warranty deed of that date, by which he by the terms thereof purported to grant, bargain and sell and convey to plaintiff, his heirs and assigns, lots 1 and 2 in block 54 of St. Joseph Extension Addition, an addition to the city of St. Joseph, Buchanan county, Missouri, in…
2Cases cited5 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Hospes v. AlmstedtMissouri Court of Appeals · 1883
- Siemers v. SchraderSupreme Court of Missouri · 1885
- State ex rel. Peters v. KochSupreme Court of Missouri · 1871
- Simonton v. GraySupreme Judicial Court of Maine · 1852
3Cited by10 opinions
- Willis v. RobinsonSupreme Court of Missouri · 1922
- Wilson v. ReedSupreme Court of Missouri · 1917
- Whitaker v. WhitakerSupreme Court of Missouri · 1900
- Anderson v. StarrWashington Supreme Court · 1930
- Wonderly v. GiesslerMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.