Johnson v. Johnson
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Eon. J. G. Lamson, Judge. (1) (a) The evidence shows that at the time of the conveyance G-eorge W. was not seized in fee of the undivided three-sevenths. He had one-seventh by the deed from his mother, and later, in 1896, on the death of his mother, he inherited one-sixth in fee as one of her heirs. These interests of his should have been vested in defendant.
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Appeal from Newton Circuit Court. — Eon. J. G. Lamson, Judge. (1) (a) The evidence shows that at the time of the conveyance G-eorge W. was not seized in fee of the undivided three-sevenths. He had one-seventh by the deed from his mother, and later, in 1896, on the death of his mother, he inherited one-sixth in fee as one of her heirs. These interests of his should have been vested in defendant. By the terms of the statute, tinder the covenants in the deed, the title subsequently acquired by Mm as heir was immediately vested in his grantee with the same force as if he had in fact been seized…
1Opinion of the CourtSherwood, P. J.
The subject-matter of this proceeding consists of two tracts of land, numbered respectively tract No. 1 and tract No. 2, and described in the decree for partition, which will accompany this opinion.
In such decree certain findings of facts were made, and the court ordered the tracts of land sold, and the proceeds divided among the parties to this suit according to their respective interests"; and from this decree defendant has appealed. But as will more fully appear later on, an arrangement was effected between the parties as to a sale of the land, non obstante the appeal.
Since this cause has…
2Cases cited32 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Skouten v. WoodSupreme Court of Missouri · 1874
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- State v. LoweSupreme Court of Missouri · 1887
- Gibson v. ChouteauSupreme Court of Missouri · 1867
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3Cited by20 opinions
- Graves v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1950
- Keller v. KellerSupreme Court of Missouri · 1936
- E. B. Germany v. J. B. TurnerTexas Supreme Court · 1939
- Carson v. HeckeSupreme Court of Missouri · 1920
- Reasor v. MarshallSupreme Court of Missouri · 1949
15 more not listed; retrieve them via the Exa API.