Fanning v. Doan
Supreme Court of Missouri
Appeal from Grwndy Circuit Court — Hon. Paris C. Stepp, Judge. (1) The deed from Benajah Doan to Sarah A. Doan and her heirs by John Doan, their heirs and assigns forever, immediately vested the entire estate conveyed, equally in respondent and her children by John Doan.
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Appeal from Grwndy Circuit Court — Hon. Paris C. Stepp, Judge. (1) The deed from Benajah Doan to Sarah A. Doan and her heirs by John Doan, their heirs and assigns forever, immediately vested the entire estate conveyed, equally in respondent and her children by John Doan. Hamilton v. Pitcher, 53 Mo. 336; Allen v. Claybrooh, 58 Mo. 124; Bines v. Mansfield, 96 Mo.399; Bodine’s Adm’r v. Arthur, 91 Ky. 53; Tinder v. Tinder, 131 Ind. 381. (2) Our laws and courts favor vested estates and encourage alienation, and to hold that the deed from Benajah Doan created a fee tail special would be against the…
1Opinion of the Court
Brace, P. J. —
This is an appeal from the judgment of the circuit court of Grrundy county sustaining a demurrer to plaintiff’s petition. The substantial averments of the petition are, that in the year 1861 the defendant, Sarah A. Doan, who was then a widow having children by two former marriages then and still living, and one John Doan intermarried and lived together as husband and wife on the farm of the said John in Grrundy county until the death of the said John. That there was born to them of said marriage four children, John, Daniel, Deborah and Reeves S. That a short time before the…
2Cases cited7 opinions
- Chew v. KellerSupreme Court of Missouri · 1889
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- Maguire v. MooreSupreme Court of Missouri · 1891
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