Gitchell v. Messmer
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Ejectment, in this state, does not determine -the ultimate title to the land,-but onl-y the present right of possession. HoffThomphins, 66 Mo. 225;. Miller v. Bledsoe, 61 Mo. 96. (2) In the land owned by the wife, where the deed does not create a separate-estate, the husband has a well defined and valuable interest.
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Appeal from St. Louis Court of Appeals. (1) Ejectment, in this state, does not determine -the ultimate title to the land,-but onl-y the present right of possession. HoffThomphins, 66 Mo. 225;. Miller v. Bledsoe, 61 Mo. 96. (2) In the land owned by the wife, where the deed does not create a separate-estate, the husband has a well defined and valuable interest. Cooper v. Ord, 60 Mo. 430; Grant v. White, 42 Mo. 260; Hall v. Stephens, 65 Mo. 670 ; Bledsoe «, Simms, 53 Mo. 308; Paul v. Leavitt, 53 Mo, 595. (3) This interest of the husband is sufficient to bring the property‘within the jurisdiction…
1Opinion of the CourtBlack, J.
Ejectment commenced against both Messmer and Socrates Newman, but dismissed us to the. latter. Lina Newman before her marriage with Som rates Newman owned the property-in question. There are children of ■ that marriage now living. In 1865-Newman and wife leased, the property to Bigelow and Jeffs, for a period of ten years with right of renewal., Jeffs assigned, his interest in the’ lease to Bigelow and Griffin, who continued to be the lessees until 1874, when Bigelow became sole tenant and. so, continued until. 1875; when the lease expired. There was no. renewal; but for failure to pay rents,…
2Cases cited1 opinion
- Silvey v. SummerSupreme Court of Missouri · 1875
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- Fischer & Co. v. AnslynMissouri Court of Appeals · 1888
- Mason v. GitchellSupreme Court of Missouri · 1888