Cornwell v. Wulff
Supreme Court of Missouri
Appeal from St. Louis County Ci/rovAt Cov/rt. — HoN. Budolph Hirzel, Judge. (1) The deed from Yeates to G-oodlett, was a conveyance to uses, and prior to the adoption of the statute of uses, a fee might be limited upon or after a fee in such a conveyance, though such a limitation would have been void if contained in a common law conveyance. 2 Kerr on Eeal Prop. (Ed. 1895), sec. 1635, 1655, 1659 and 1663; Spence’s Eq. Jur. (Ed. 1846), p. 455; 2 Pomeroy’s Eq. Jur.
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Appeal from St. Louis County Ci/rovAt Cov/rt. — HoN. Budolph Hirzel, Judge. (1) The deed from Yeates to G-oodlett, was a conveyance to uses, and prior to the adoption of the statute of uses, a fee might be limited upon or after a fee in such a conveyance, though such a limitation would have been void if contained in a common law conveyance. 2 Kerr on Eeal Prop. (Ed. 1895), sec. 1635, 1655, 1659 and 1663; Spence’s Eq. Jur. (Ed. 1846), p. 455; 2 Pomeroy’s Eq. Jur. (Ed. 1892), pp. 982 and 983; 1 Hilliard on Eeal Prop. (4 Ed.), sec. 18. . (2) The effect of the statute of uses was to execute the…
1DissentMarshall, J.
(dissenting). — Ejectment for ten acres in the north part of lot 3 of a survey and subdivision of the west half of the northwest corner of section 12, township 44, range 5 east, in St. Louis county; Robert A. Yeates is the common source of title. Plaintiffs claim as the heirs at law of Catherine Cornwell, and defendant claims as grantee, by mesne conveyances, of J ames Oornwell, deceased, husband of Catherine Cornwell.
On October 15, 1859, Yeates and wife executed and •.delivered to John A. Goodlett, trustee, the following deed:
“This deed, made and entered into this 15th day of October, 1859,…
2Cases cited43 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Giles v. LittleSupreme Court of the United States · 1881
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