Legal Opinion

Givens v. Marbut

Supreme Court of Missouri

Decided June 23, 1914PublishedCited by 6 opinions

Appeal from Barry Circuit Court.- — Eon. Carr McNatt, Judge. To operate as a complete and effectual conveyance of land, the delivery of the deed, actual or constructive, by the grantor and an acceptance by the grantee, or by some one for him, are essential requisites.

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Appeal from Barry Circuit Court.- — Eon. Carr McNatt, Judge. To operate as a complete and effectual conveyance of land, the delivery of the deed, actual or constructive, by the grantor and an acceptance by the grantee, or by some one for him, are essential requisites. Hall v. Hall, 107 Mo. 107; Standiford v. Standiford, 97 Mo. 238; Huey v. Huey, 65 Mo. 689; Taylor v. Davis, 72 Mo. 291; 2 G-reenleaf Ev., sec. 297; Tyler v. Hall, 106 M'o. 313. Whether there was a delivery in this case was a question of intention to be inferred from the relation of the parties, their conduct and declarations and…

1Opinion of the CourtWalker, P. J.

Plaintiff brought suit in the circuit court of Barry county, for the assignment of dower in the following described real estate in said county, to-wit: The north half of the southwest quarter of section 31, township 25, range 26.

Upon a trial the court found the issues in favor of defendant, from which finding and decree plaintiff appeals.

Plaintiff married Nathan T. Marbut in 1896. They lived together a short time and in 1901 she brought suit against him for divorce, and same was granted. At the time of Nathan T. Marbut’s marriage to plaintiff he was an elderly widower living in Barry county.…

2Cited by6 opinions

  1. Friedel v. BaileySupreme Court of Missouri · 1931
  2. Gatchell v. GatchellSupreme Judicial Court of Maine · 1928
  3. Forster v. ClarkSupreme Court of Missouri · 1943
  4. Elliott v. ClarkCourt of Appeals of Texas · 1915
  5. Lange v. LangeSupreme Court of Florida · 1938

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