Legal Opinion

Godman v. Simmons

Supreme Court of Missouri

Decided December 22, 1892PublishedCited by 39 opinions

Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) Tlie remainder created by tbe deed in the heirs of May R. Grodman’s body was a contingent one. 4 Kent’s Commentaries [11 Ed.] marg. p. 232; Tiedeman on Real Property, 345, and notes; 2 Wash-burn ón Real Property, 242, 268; Riggins v. Me dal-lan, 28 Mo. 23; Aubuchon v. Bender, 44 Mo. 560; PJmisonv.

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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. (1) Tlie remainder created by tbe deed in the heirs of May R. Grodman’s body was a contingent one. 4 Kent’s Commentaries [11 Ed.] marg. p. 232; Tiedeman on Real Property, 345, and notes; 2 Wash-burn ón Real Property, 242, 268; Riggins v. Me dal-lan, 28 Mo. 23; Aubuchon v. Bender, 44 Mo. 560; PJmisonv. Whittlesey, 55 Mo. 254; Persen v. Newman, 62 Mo. 201; Belassus v. Gatewood, 71 Mo. 372; Richardson v. Wheatland, 7 Mass. 169. (2) Said contingent remainder being to a dubious and uncertain person conveyed no interest which was…

1Opinion of the CourtBrace, J.

This is an action in ejectment, in which the plaintiffs seek to recover an undivided three fourths of a tract of land in Saline county. . The answer admitted possession, and denied all the other material allegations of the petition. The case was tried before the court without a jury,the judgment was for the defendants and the plaintiffs appeal.

Elizabeth O’Bannon is the common source of title. On the twenty-sixth day of October, 1868, she and her husband duly executed, acknowledged and delivered a warranty deed, conveying the premises to Mary R. Oodman “for and during her natural life, and…

2Cases cited4 opinions

  1. Reinders v. KoppelmannSupreme Court of Missouri · 1878
  2. Emmerson v. HughesSupreme Court of Missouri · 1892
  3. White v. McPheetersSupreme Court of Missouri · 1882
  4. Lackland v. NevinsMissouri Court of Appeals · 1877

3Cited by39 opinions

  1. Caruthers v. LeonardTexas Commission of Appeals · 1923
  2. Eckle v. RylandSupreme Court of Missouri · 1914
  3. McDonald v. Bayard Savings BankSupreme Court of Iowa · 1904
  4. Audsley v. HaleSupreme Court of Missouri · 1924
  5. Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907

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