Legal Opinion

Hamilton v. Pitcher

Supreme Court of Missouri

Decided August 15, 1873PublishedCited by 21 opinions

Error to Clay Circuit Court.. I. Mrs. Pitcher acquired a title in fee simple; and if so, that title passed to the plaintiff, of course. (Arthur vs. Weston, 22Mo., 378 ; English vs. Beehle, 32 Mo., 186 ; McDowell vs. Brown, 21 Mo., 57; Olap vs. Draper, 4 Mass., 266.) I. By the deed from Lard, Mrs. Pitcher acquired an undivided interest equal to that of each of her children in esse at the date of Lard’s deed.

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Error to Clay Circuit Court.. I. Mrs. Pitcher acquired a title in fee simple; and if so, that title passed to the plaintiff, of course. (Arthur vs. Weston, 22Mo., 378 ; English vs. Beehle, 32 Mo., 186 ; McDowell vs. Brown, 21 Mo., 57; Olap vs. Draper, 4 Mass., 266.) I. By the deed from Lard, Mrs. Pitcher acquired an undivided interest equal to that of each of her children in esse at the date of Lard’s deed. The evidence, as contained in the hill of exceptions, does not show the number of such children, hence does not show Mrs. Pitcher’s interest. Plaintiff therefore shows bimself entitled to…

1Opinion of the CourtAdams, Judge

This was ejectment for an acre of land in the town of Liberty in Clay County in the State of Missouri.

Both parties agreed, that the original title to the land in dispute was in Moses E. Lard.

To sustain the issues on- his part, the plaintiff offered in evidence a deed from said Lard and wife “ to Margaret W. Pitcher, wife of Samuel D. Pitcher, and her children, of the County of Olay and State of Missouri, of the second part,” which conveys the land in dispute to “said party of the second part, and to their heirs and assigns forever.” The haben*335dum isTo them, the said party of the second part,…

2Cases cited1 opinion

  1. Arthur v. WestonSupreme Court of Missouri · 1856

3Cited by21 opinions

  1. Mathews v. O'DonnellSupreme Court of Missouri · 1921
  2. Smith & Bondurant v. MeadorSupreme Court of Georgia · 1885
  3. Macey v. StarkSupreme Court of Missouri · 1893
  4. Reed v. PainterSupreme Court of Missouri · 1895
  5. Allen v. ClaybrookSupreme Court of Missouri · 1874

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