Hardy v. Clarkson
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Tbe deed to Feazel, trustee,- created a life estate-in the wife, with a use to the husband, and the remainder in fee to the children. Balter v. Nall, 59 Mo. 265; Roberts v. Mosely, 51 Mo. 282. This being the case the deed of Mrs. Hardy could not convey the interest of -the-children. 1 Washb. on R. P. (2 Ed.) 90. (2) The deed recites that the money of the children, as well as that of Mrs. Hardy, paid for the land.
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Appeal from St. Louis Court of Appeals. (1) Tbe deed to Feazel, trustee,- created a life estate-in the wife, with a use to the husband, and the remainder in fee to the children. Balter v. Nall, 59 Mo. 265; Roberts v. Mosely, 51 Mo. 282. This being the case the deed of Mrs. Hardy could not convey the interest of -the-children. 1 Washb. on R. P. (2 Ed.) 90. (2) The deed recites that the money of the children, as well as that of Mrs. Hardy, paid for the land. As Clarkson claims through this deed, he is chargeable with notice of its recitals. Van Ransellear v. Kearney, 1 Howard (U. S.) 297;…
1Opinion of the CourtEat, J.
This was an action of ejectment in the circuit court of St. Louis county for the recovery of certain lands in that county. Suit was commenced the twenty-seventh of December, 1873 ; the petition is in the usual form, and the answer a general denial. A jury being waived the cause was tried by the court. At the conclusion of the testimony (the substance of which is hereinafter statéd), the court refused a declaration of law, asked by the plaintiffs, to the effect, “that, under the evidence and the law, the title to the land in dispute is shown to be in plaintiffs, and the judgment of the court…
2Cases cited4 opinions
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Norcum v. D'ŒnchSupreme Court of Missouri · 1852
- Turner v. TimberlakeSupreme Court of Missouri · 1873
- Boyer v. AllenSupreme Court of Missouri · 1882
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