Legal Opinion

Rozier v. Graham

Supreme Court of Missouri

Decided December 6, 1898PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The conveyance of Burk to Stillwell gave the latter an estate tail general at common law. Sharswood’s Blackstone, book 2,p. 214; 1 Wash. Real Prop. [4 Ed.], sec. 53; Clarkson v. Clarkson, 125 Mo. 381; Reecl v. Lane, 122 Mo. 311; Farrar v. Christy, 24 Mo. 453; Bonev.

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Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The conveyance of Burk to Stillwell gave the latter an estate tail general at common law. Sharswood’s Blackstone, book 2,p. 214; 1 Wash. Real Prop. [4 Ed.], sec. 53; Clarkson v. Clarkson, 125 Mo. 381; Reecl v. Lane, 122 Mo. 311; Farrar v. Christy, 24 Mo. 453; Bonev. Tyrrell, 113 Mo. 175; Gourley v. Wood-bury, 42 Yt. 393; Blake v. Stone, 27 Yt. 475; Butler v. Huestis, 68 111. 594; Frazer v. Supervisors, etc., 74 111. 282. (2) The statute in force when the deed was executed . destroyed the fee-tail estate and gave a life…

1Opinion of the CourtGantt, P. J.

This was originally a suit in equity by Rozier, the plaintiff against Mrs. Graham for the specific performance of a contract of sale of a parcel of unimproved real estate in the city of St. Louis, lying in block number 247, having a front of fifty feet on the west side of Second street, being the northwest corner of Second and Mullanphy. The contract was in writing, and among other stipulations it was agreed that the “title of said property shall be perfect and to be conveyed by warranty deed, free from liens and incumbrances except taxes of 1894 and thereafter.” Thirty days’ time was allowed…

2Cases cited7 opinions

  1. Godman v. SimmonsSupreme Court of Missouri · 1892
  2. Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
  3. Bone v. TyrrellSupreme Court of Missouri · 1892
  4. Mitchner v. HolmesSupreme Court of Missouri · 1893
  5. Clarkson v. ClarksonSupreme Court of Missouri · 1894

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3Cited by8 opinions

  1. Nixon v. FranklinSupreme Court of Missouri · 1956
  2. Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
  3. Hall v. FrenchSupreme Court of Missouri · 1901
  4. Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
  5. McPherson v. KisseeSupreme Court of Missouri · 1912

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