Rector v. Waugh
Supreme Court of Missouri
Error to Marion Circuit Court. The opinion of the court contains a sufficient statement of the facts. 1. Tbe deeds of partition read in evidence were in tbe proper legal form to consummate a full and perfect partition between joint tenants or tenants in common. 4 Kent, 6, T, 8, 864, 369. 4 M. & S. 178. 10 J. R. 456. 18 ib. 79. Cbitty’s Blackstone, book 2, page 324. A mere release in sucb cases being tbe proper form to pass a fee simple estate, tbe warranty thereto annexed is…
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Error to Marion Circuit Court. The opinion of the court contains a sufficient statement of the facts. 1. Tbe deeds of partition read in evidence were in tbe proper legal form to consummate a full and perfect partition between joint tenants or tenants in common. 4 Kent, 6, T, 8, 864, 369. 4 M. & S. 178. 10 J. R. 456. 18 ib. 79. Cbitty’s Blackstone, book 2, page 324. A mere release in sucb cases being tbe proper form to pass a fee simple estate, tbe warranty thereto annexed is a warranty of sucb an estate. 2. Those deeds, therefore, forever estopped the grantors from denying that tbe title…
1Opinion of the CourtScott, Judge
This was an action of ejectment, begun in March, 1848, to recover possession of a lot of ground in the city of Hannibal, in this state. The plaintiffs in error, who were also plaintiffs below, based their right of recovery upon the following deed : “ This list and instrument of writing is to make known to all whom it may concern, that, after the sales of lots in the town of Hannibal, (of a part thirty-two squares, which were laid off,) the sales of which have been examined by each of the proprietors, this day an equal division of the remaining unsold lots of said thirty-two squares or blocks…
2Cases cited1 opinion
- Pike v. GalvinSupreme Judicial Court of Maine · 1848
3Cited by5 opinions
- Ryason v. DuntenIndiana Supreme Court · 1905
- Hendricks v. MusgroveSupreme Court of Missouri · 1904
- Rountree v. DensonWisconsin Supreme Court · 1884
- Willoughby v. BrandesSupreme Court of Missouri · 1927
- Wilson v. FisherSupreme Court of Missouri · 1903