Haguewood v. Britain
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. (.1) The mere fact that the deed on its face shows a conveyance to wife and husband, does not show conclusively an estate by the entirety. Donovan v. Griffith, 215 Mo. 149; Jones v. Elkins, 143 Mo. 647; McLeod v. Venable, 163 Mo. 536; Hudson v. Wright, 204 Mo. 412. (2) This land having been purchased with the separate money and means of the wife, under the statute remained her separate vproperty.
Read the full summary
Appeal from Greene Circuit Court. — Hon. Guy D. Kirby, Judge. (.1) The mere fact that the deed on its face shows a conveyance to wife and husband, does not show conclusively an estate by the entirety. Donovan v. Griffith, 215 Mo. 149; Jones v. Elkins, 143 Mo. 647; McLeod v. Venable, 163 Mo. 536; Hudson v. Wright, 204 Mo. 412. (2) This land having been purchased with the separate money and means of the wife, under the statute remained her separate vproperty. R. S. 1909, sec. 8309. (3) A mere verbal direction by the wife to have the deed made to herself and husband is not sufficient to create…
1Opinion of the CourtBlair, J.
Cordelia Britain died in 1912. Appellants are her hefts at law, and respondent is her surviving husband. In October, 1910, she purchased and paid for a residence and caused the deed to be made to herself and respondent. The deed, on its face, creates an estate by the entireties. Appellants brought this suit to have a trust declared and for partition. Having-lost in the trial court, they bring the case here. Other facts necessary to a decision are stated in connection with the discussion of questions to which they are pertinent.
intent of Purchaser, I. The doctrine that a resulting trust arises…
2Cases cited8 opinions
- Reed v. ReedCourt of Appeals of Maryland · 1909
- Farmers Exchange Bank v. HagelukenSupreme Court of Missouri · 1901
- Kirkpatrick v. PeaseSupreme Court of Missouri · 1907
- Alkire Grocer Co. v. BallengerSupreme Court of Missouri · 1897
- Powell v. PowellSupreme Court of Missouri · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Murphy v. WolfeSupreme Court of Missouri · 1932
- Harrellson v. BarksMissouri Court of Appeals · 1959
- Ferguson v. StokesSupreme Court of Missouri · 1954
- Larrick v. HeathmanSupreme Court of Missouri · 1921
3 more not listed; retrieve them via the Exa API.