Crawford v. Whitmore
Supreme Court of Missouri
Appeal from Knox Circuit Cowrt. — Hon. B. E. Tubneb, Judge. (1) “The deed from a husband to a wife or from the latter to the former, is null in law, this arising from their being regarded as one person.” Turner v. Shaw, 96 Mo. 22. (2) It is clear here that the legal title is in defendants; it is only claimed the wife has the equity conferred on her by her husband’s deed made pending defendant’s judgment lien.
Read the full summary
Appeal from Knox Circuit Cowrt. — Hon. B. E. Tubneb, Judge. (1) “The deed from a husband to a wife or from the latter to the former, is null in law, this arising from their being regarded as one person.” Turner v. Shaw, 96 Mo. 22. (2) It is clear here that the legal title is in defendants; it is only claimed the wife has the equity conferred on her by her husband’s deed made pending defendant’s judgment lien. Equitable title will not sustain ejectment while the legal title is outstanding. Guyolv. Chotean, 19 Mo. 546; Thompson v. Lyon, 33 Mo. 219; Williams v. Carpenter, 35 Mo. 52; Ford v.…
1Opinion of the CourtBukgess, J.
Action of ejectment for seventeen and one-half feet off of the west side of lot 7, in block 13, in Hurdland, Knox county, Missouri. The defendants Whitmore were made parties defendant upon their own motion, as landlords of the defendant Mus-grove. Judgment was rendered against him for the possession of the property and $70 damages, and they appealed to this court.
The defendants Whitmore answered separately; admitted that plaintiffs were husband and wife; admitted their possession and denied all other allegations in the petition. .The answer of the defendant W. D. Whitmore, after averring that…
2Cases cited4 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Payne v. TwymanSupreme Court of Missouri · 1878
- Bangert v. BangertMissouri Court of Appeals · 1883
- Cooper v. StandleyMissouri Court of Appeals · 1890
3Cited by4 opinions
- Stark v. KirchgraberSupreme Court of Missouri · 1905
- Sackman v. SackmanSupreme Court of Missouri · 1898
- Hill ex rel. Giddens v. MeinhardSupreme Court of Florida · 1897
- Hall v. HallSupreme Court of Missouri · 1940