Legal Opinion

Peter v. Byrne

Supreme Court of Missouri

Decided June 9, 1903PublishedCited by 4 opinions

Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The deed was made in 1883 while Mrs. Peter was under the common-law disability of coverture. At that time the real estate of the wife could only be conveyed by the joint deed of the husband and wife, properly acknowledged and certified.

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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The deed was made in 1883 while Mrs. Peter was under the common-law disability of coverture. At that time the real estate of the wife could only be conveyed by the joint deed of the husband and wife, properly acknowledged and certified. R. S. 1879, sec. 669; Huff v. Price, 50 Mo. 228; City v/Anderson, 78 Mo. 87; Dameron v. Jameson, 71 -Mo. 99; Brown v. Dressier, 125 Mo. 589. ,(2) “In order to convey by grant, the party possessing the right must be the grantor and use apt and proper words to convey to the grantee; merely…

1Opinion of the Court

OPINION.

POX, J. J.

— It will be observed that this is a suit in ejectment for the possession of the north.56 feet of lots 6 and 7 in block 30, St. Joseph Improvement addition to St. Joseph, Missouri. At the trial it was admitted that Sarah M. Peter was the common source of title. Alsb that Sarah M. Peter, the mother of plaintiffs, was married to Armenius Peter at the time she acquired this property by a general warranty deed, and continued to be his wife until her death. The evidence showed that Sarah M. Peter departed this life on the 29th day of November, 1889. That plaintiffs Robert N.…

2Cases cited12 opinions

  1. Mills v. CatlinSupreme Court of Vermont · 1849
  2. Ingoldsby v. JuanCalifornia Supreme Court · 1859
  3. Dentzel v. WaldieCalifornia Supreme Court · 1866
  4. Brown v. DresslerSupreme Court of Missouri · 1894
  5. Hrouska v. JankeWisconsin Supreme Court · 1886

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hubbard v. WhiteheadSupreme Court of Missouri · 1909
  2. Danciger v. StoneSupreme Court of Missouri · 1919
  3. Driskill v. AshleySupreme Court of Missouri · 1914
  4. Howell v. SherwoodSupreme Court of Missouri · 1912

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