Edwards v. Latimer
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Row. D. R. Eby, • Judge. (1) The deed recites that the consideration for the conveyance was “love and affection and one dollar.” Where a deed recites, a good consideration, it cannot he shown that it was a valuable consideration. Clarkson v. Honway, 2 P. Wms. 203; Potter v. Gracie, 58 Ala. 303; Latimer v. Latimer, 53 S. 0. 483; Winhingham v. Pennock, 36 Mo. App. 688; Jackson v. Railroad, 54 Mo.
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Appeal from Pike Circuit Court. — Row. D. R. Eby, • Judge. (1) The deed recites that the consideration for the conveyance was “love and affection and one dollar.” Where a deed recites, a good consideration, it cannot he shown that it was a valuable consideration. Clarkson v. Honway, 2 P. Wms. 203; Potter v. Gracie, 58 Ala. 303; Latimer v. Latimer, 53 S. 0. 483; Winhingham v. Pennock, 36 Mo. App. 688; Jackson v. Railroad, 54 Mo. App. 636. (2) The consideration stated in the deed being love and affection, to allow parol evidence to show that the consideration was an exchange of interest in…
1Opinion of the CourtGantt, P. J.
This is a suit for the partition of the real estate devised by Mrs. Mary A. Latimer, of Pike county, to her two children, John E. Latimer and Mrs. Fannie Edwards.
John H. Latimer died about the year 1876 seized in fee of 407.85 acres of land in Pike -county, which comprised two tracts separated by a public road, one tract of 160 acres, and the other 247.85 acres.
John H. Latimer left a widow and five children. His widow elected to take a child’s part. In the settlement of the estate among themselves Z. Taylor Lati-mer, the oldest child, took his entire portion in money *614and personal property so…
2Cases cited17 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Hickman v. GreenSupreme Court of Missouri · 1894
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
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3Cited by14 opinions
- Robertson v. O'NeillWashington Supreme Court · 1912
- Stickle v. LinkSupreme Court of Missouri · 1974
- Poplin v. BrownMissouri Court of Appeals · 1918
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
- Poteet v. ImbodenWest Virginia Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.