Charles v. White
Supreme Court of Missouri
Appeal from Newton Circuit Court. — New. F. C. Johnston, Judge. (1) That the deed from Stephen D. Sutton to his five daughters named therein “and the heirs of their bodies, forever,” conveys, under our statute abolishing fee tails, a life estate to the grantees named with a remainder over to their respective children bom and to be born, is elementary law.
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Appeal from Newton Circuit Court. — New. F. C. Johnston, Judge. (1) That the deed from Stephen D. Sutton to his five daughters named therein “and the heirs of their bodies, forever,” conveys, under our statute abolishing fee tails, a life estate to the grantees named with a remainder over to their respective children bom and to be born, is elementary law. Tiedeman, Real Property, sec 47; Jones, Real Estate in Conveyancing, sec. 613, p. 505; Bone v. Tyrrell, 113 Mo. 175; Phillips v. La Forge, 89 Mo. 75; Wood v. Nice, 103 Mo. 329; Reed v. Lane, 122 Mo. 311; Godman v. Simmons, 113 Mo. 122;…
1Opinion of the CourtGantt, J.
As the records in these two cases are practically identical in the facts disclosed and the questions of law presented, they will be treated together.
The action is one to determine title under section 650, Revised Statutes 1899. They were tried tog-ether in the circuit court and are submitted to this court upon the same brief. The plaintiffs claim title to the land as remaindermen under the deed of Stephen D. Sutton to his five daughters of date October 25, 1860. Stephen D. Sutton is the common source of title and by that deed he conveyed the lands in controversy, to-wit, the east half of the…
2Cases cited13 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Utter v. SidmanSupreme Court of Missouri · 1902
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Minnesota Co. v. ChamberlainSupreme Court of the United States · 1866
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3Cited by69 opinions
- State Mortgage Corp. v. LudwigTexas Supreme Court · 1932
- Armstrong v. ObucinoIllinois Supreme Court · 1921
- In Re Marriage of HendrixSupreme Court of Missouri · 2006
- Page v. HamiltonSupreme Court of Missouri · 1959
- Fair Mercantile Co. v. Union-May-Stern Co.Supreme Court of Missouri · 1949
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