Legal Opinion

Henderson v. Dickey

Supreme Court of Missouri

Decided March 15, 1872PublishedCited by 26 opinions

Appeal from St. Louis Gircuit Court. (1) The misdescription in the deeds of Taylor to Elizabeth Wasson is clearly made out. Taylor intended to convey the lots in dispute. He had no claim to any other. (2) The deed of Wasson and wife to Henderson passed the title to Henderson, the prior conveyance to Taylor notwithstanding.

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Appeal from St. Louis Gircuit Court. (1) The misdescription in the deeds of Taylor to Elizabeth Wasson is clearly made out. Taylor intended to convey the lots in dispute. He had no claim to any other. (2) The deed of Wasson and wife to Henderson passed the title to Henderson, the prior conveyance to Taylor notwithstanding. The property belonging in fact to Wasson, and he having paid for it and had it conveyed to Taylor to defraud his creditors, Wasson’s conveyance to one of those creditors, in payment of a debt, passed the title. (Gen. Stat. 1865, p. 439, §§ 2, 3.) So that, both on the ground…

1Opinion of the CourtWagner, Judge

This case was formerly in this court (35 Mo. 120), and it was then reversed and remanded because the case, as then made by the proofs, did not conform to that stated in the petition, and because the court was of the opinion that no sufficient reason appeared for the interference of a court of equity. After the case was remanded, the plaintiffs amended their petition, and upon a retrial they obtained a decree vesting in them the title to the property.

The case shows that plaintiffs claim to derive title from one J. W. Wasson and wife. The land in controversy was originally owned by the town of…

2Cases cited6 opinions

  1. Jones v. MooreSupreme Court of Missouri · 1868
  2. Peyton v. RoseSupreme Court of Missouri · 1867
  3. Reilly v. ChouquetteSupreme Court of Missouri · 1853
  4. Howe & Wallace v. WaysmanSupreme Court of Missouri · 1848
  5. Henderson v. DickeySupreme Court of Missouri · 1864

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3Cited by26 opinions

  1. Paddock v. SomesSupreme Court of Missouri · 1890
  2. Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
  3. Young v. VailNew Mexico Supreme Court · 1924
  4. Carmichael v. AdamsIndiana Supreme Court · 1883
  5. State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944

21 more not listed; retrieve them via the Exa API.

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