Fiene v. Kirchoff
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The effect of the deed was to constitute Mary and the children tenants in common, each of the undivided one-sixth of the land. Allen v. Claybrook, 58 Mo. 126; Hamilton v. Pitcher, 53 Mo. 334; Powell v. Powell, 96 Am.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The effect of the deed was to constitute Mary and the children tenants in common, each of the undivided one-sixth of the land. Allen v. Claybrook, 58 Mo. 126; Hamilton v. Pitcher, 53 Mo. 334; Powell v. Powell, 96 Am. Dec. 372; s. e., 5 Bush (Ky.) 619; McNair v. Craig, 36 S. C. 100; Wallace v. Craig, 27 S. C.' 514; Waddell v. Waddell, 99 Mo. 345; Cross v. Hock, 149 Mo. 341; Hunter v. Patterson, 142 Mo. 320; Donnan v. Intelligencer, 70 Mo. 174; Budd v. Brooke, 43 Am. Dec. 338; Berry v. Billings, 69 Am. Dec. 107. (2) The deed…
1Opinion of the CourtMarshall, J.
This is a bill in equity to divest title out of the defendant and vest it in the plaintiffs, as to five-sixths of a certain tract of one hundred and twenty acres of land, in Lafayette county. The plaintiffs are the children of the defendant Fritz Kirchoff and his deceased wife Mary.
The case made is this:
On December 27, 1867, Mary Patrick conveyed the land to Fritz Kirchoff, for a consideration of three thousand dollars. Kirchoff paid eleven hundred in cash, and executed a mortgage on the land to Mrs. Patrick, to secure the balance of the purchase money, which was evidenced by a note for…
2Cases cited6 opinions
- McMahan v. GeigerSupreme Court of Missouri · 1880
- State Bank v. BartleSupreme Court of Missouri · 1893
- Tipton v. RennerSupreme Court of Missouri · 1891
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Shields v. PowersSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Drake v. Kansas City Public Service Co.Missouri Court of Appeals · 1931
- Dent v. HobsonMissouri Court of Appeals · 1915