Mahoney v. Nevins
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Horn. Jno. P. Butler, Judge. (1) It is the well-settled law of this State that one tenant in common cannot purchase an outstanding title or encumbrance and thereby acquire title to the whole against his cotenants. The purchase of such outstanding title by one tenant in common will be deemed to have been made for the benefit of all the cotenants.
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Appeal from Carroll Circuit Court. — Horn. Jno. P. Butler, Judge. (1) It is the well-settled law of this State that one tenant in common cannot purchase an outstanding title or encumbrance and thereby acquire title to the whole against his cotenants. The purchase of such outstanding title by one tenant in common will be deemed to have been made for the benefit of all the cotenants. Therefore, the act of Mollie Nevins in purchasing from Siegel the encumbrance against the land in controversy will be held to inure to the benefit of her cotenants. ,Jones v. Stanton, 11 Mo. 333; Picot v. Page, 26…
1Opinion of the CourtGantt, J.
This is an appeal from a decree in equity by the circuit court of Carroll county, setting aside a trust deed to the homestead of Patrick Mahoney, deceased, and adjudging contribution by the plaintiff *364and the other heirs of Patrick Mahoney to defendant, Catherine Mahoney, on the ground that the said deed of trust and note secured thereby were acquired by said Mollie Nevins as a tenant in common with plaintiff and the other heirs of Patrick Mahoney to the exclusion of plaintiff and said heirs.
Patrick Mahoney and defendant, Catherine Ma-honey, his wife, on the 15th of December, 1890, executed to…
2Cases cited12 opinions
- Richardson v. ColeSupreme Court of Missouri · 1901
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Gentry v. GentrySupreme Court of Missouri · 1894
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Johnson v. JohnsonSupreme Court of Kansas · 1969
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- White v. MayoNew Mexico Supreme Court · 1931
- Jennings v. JenningsMissouri Court of Appeals · 1930
- Troll v. LandgrafMissouri Court of Appeals · 1914
9 more not listed; retrieve them via the Exa API.