Cook v. Newby
Supreme Court of Missouri
.Appeal from Gentry Circuit Court. — Now. W. C. Ellison, Judge. (1) The execution of the deed and its delivery to Axtell was in law a delivery to Laura A. Newby and ■John H. Newby, and conveyed the title to them in praesenti. 13 Cyc. 568, 570; White v. Pollock, 117 Mo. 467; Williams v. Latham, 113 Mo. 165; Standiford v. Standiford, 97 Mo. 231; Foreman v. Archer, 130 Iowa. 49 ; Freeman v. Trummer, 91 Pac. 1075; Tiedeman on Real Property, p. 650, sec. 815; Crowder v. Searcy,…
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.Appeal from Gentry Circuit Court. — Now. W. C. Ellison, Judge. (1) The execution of the deed and its delivery to Axtell was in law a delivery to Laura A. Newby and ■John H. Newby, and conveyed the title to them in praesenti. 13 Cyc. 568, 570; White v. Pollock, 117 Mo. 467; Williams v. Latham, 113 Mo. 165; Standiford v. Standiford, 97 Mo. 231; Foreman v. Archer, 130 Iowa. 49 ; Freeman v. Trummer, 91 Pac. 1075; Tiedeman on Real Property, p. 650, sec. 815; Crowder v. Searcy, 103 Mo. 97; Martindale on Convey., secs. 211, 221, 225. (2) Since the terms on which Axtell held the deed were reduced to…
1Opinion of the CourtLamm, J.
By his bill in equity, and a count at law in ejectment, plaintiff sued the Newbys to set aside an unconditional warranty deed to 120 acres of land in Gentry county, Missouri, and the record of it, and to recover possession of the land. Such steps were taken that Harriett, wife of plaintiff, became a party defendant. A decree on the equity side going in favor of plaintiff and a judgment of ouster with one cent dama*477ges going on the connt in ejectment, all the defendants appeal.
The equity count in substance sets forth that plaintiff is the owner of the land; that on July 20,1903, he and his wife…
2Cases cited14 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Wall v. WallMississippi Supreme Court · 1855
- Sneathen v. SneathenSupreme Court of Missouri · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Creamer v. BivertSupreme Court of Missouri · 1908
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Jones v. JeffersonSupreme Court of Missouri · 1933
- Albert Dupeck and Bessie Dupeck v. Union Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1964
- Krug v. BruckmanMissouri Court of Appeals · 1923
5 more not listed; retrieve them via the Exa API.