Martin v. Colburn
Supreme Court of Missouri
Appeal from Cass Circuit Court. —IIon. Noah M. Gtyan, Judge. (1) The deed bv which Mrs. Martin acquired title «reates in her’ a pure, legal estate ; and it is not competent, under the x>ecnliar facts disclosed in this case, to ■assail or change the title with which she is invested. This could only be done by charging fraud or mistake in the execution of the deed to her, which is not pretended.
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Appeal from Cass Circuit Court. —IIon. Noah M. Gtyan, Judge. (1) The deed bv which Mrs. Martin acquired title «reates in her’ a pure, legal estate ; and it is not competent, under the x>ecnliar facts disclosed in this case, to ■assail or change the title with which she is invested. This could only be done by charging fraud or mistake in the execution of the deed to her, which is not pretended. Parol and other evidence designed and tending to show that she might have been invested with a separate estate was, therefore, not competent, and it was error to admit it. Tisson v. Ins. Co., 40 Mo. 33;…
1Opinion of the Court
IíENítY, C. J.
Plaintiffs sued defendant in ejectment for the possession of eighty acres of land in Cass county which the wife had conveyed to the defendant by deed .in which her husband did not join. The defence was a general denial and also special, setting up the fact that it was real estate held by the wife as her separate property, although that fact did not appear upon the face of the *231deed, but was established by evidence aliunde. There was a judgment for defendant, from which plaintiff has appealed. The defendant and two other parties by their joint deed conveyed this land to Mrs.…
2Cases cited5 opinions
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Davis v. SmithSupreme Court of Missouri · 1881
- Miller v. HineOhio Supreme Court · 1862
- Dodge v. HollinsheadSupreme Court of Minnesota · 1861
3Cited by8 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Buckley v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1915
- Vette v. LeonoriMissouri Court of Appeals · 1890
- Arnold v. BrockenbroughMissouri Court of Appeals · 1888
- Bartlett v. RobertsMissouri Court of Appeals · 1896
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