Legal Opinion

Utter v. Sidman

Supreme Court of Missouri

Decided November 26, 1902PublishedCited by 43 opinions

Appeal from Greene Circuit Court. — Wo«. Jas. T. Neville, Judge. (1) To determine the estate conveyed the intention of the parties must he gathered from the language used in- the whole instrument. Walton v. Drumtra, 152 Mo. 489. (2) Under the Missouri statute, sections 907 and 4590, and the language employed, the granting clause of this deed conveys the fee-simple title to the land described.

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Appeal from Greene Circuit Court. — Wo«. Jas. T. Neville, Judge. (1) To determine the estate conveyed the intention of the parties must he gathered from the language used in- the whole instrument. Walton v. Drumtra, 152 Mo. 489. (2) Under the Missouri statute, sections 907 and 4590, and the language employed, the granting clause of this deed conveys the fee-simple title to the land described. Green v. Sutton, 50 Mo. 192. A deed which creates in the grantee an absolute power of disposition to the land granted, conveys the fee of the tract. Green v. Sutton, supra; Jackson v. Robbins, 16 Johns.…

1Opinion of the Court

MARSHALL, -J.

This is a proceeding under the Act of 1897 (Laws 1897, p. 74), being now section 650, Revised Statutes 1899, to have adjudicated the rights-of the parties in respect to a certain tract of land, containing one and three-fourths acres, in the city of Springfield. The plaintiffs are the only children of Prance's A. Leedy, who is now' sixty-five years of age and alleged to be beyond the possibility of having other issue of her body, and the defendants are in possession of the land claiming title from Mrs. Leedy, by a deed which' purported and attempted- to convey the fee. The case…

2Cases cited20 opinions

  1. Barnett v. BarnettCalifornia Supreme Court · 1894
  2. Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
  3. Bone v. TyrrellSupreme Court of Missouri · 1892
  4. Fogarty v. StackTennessee Supreme Court · 1888
  5. Charles v. PatchSupreme Court of Missouri · 1885

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

3Cited by43 opinions

  1. Charles v. WhiteSupreme Court of Missouri · 1908
  2. Ashbaugh v. AshbaughSupreme Court of Missouri · 1918
  3. Norman v. HortonSupreme Court of Missouri · 1939
  4. Eckle v. RylandSupreme Court of Missouri · 1914
  5. Sims v. BrownSupreme Court of Missouri · 1913

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

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