Garland v. Smith
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The power of disposition, over the remainder interest in the real estate, given to Persis Smith by the trust deed to Edward Eilley, could be effectively exercised either by deed executed in consideration of love and affection, or by last will and testament, (a) Because it appears from the trust deed that the grantor intended to place no limitation or restriction upon the method by which she was to…
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The power of disposition, over the remainder interest in the real estate, given to Persis Smith by the trust deed to Edward Eilley, could be effectively exercised either by deed executed in consideration of love and affection, or by last will and testament, (a) Because it appears from the trust deed that the grantor intended to place no limitation or restriction upon the method by which she was to exercise her power of disposition or appointment, except that it must be an instrument in writing, which includes both deeds…
1Opinion of the CourtGantt, J.
— Action of ejectment in statutory form for a house and lot in the city of St. Louis, known as No. 1615 Olive street in said city. Ouster laid as of March 1, 1891. Monthly rents and profits alleged to be of the value of seventy-five dollars.
The answer was a general denial. Judgment in the circuit court for plaintiff for possession, and rents and profits assessed at fifty-five dollars a month, and damages for detention to time of judgment at five hundred and seventy-four dollars. Defendant appeals.
Prior to 1865 the title to the lot in suit was vested in James’ Smith, under whom both parties…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Lewis v. PitmanSupreme Court of Missouri · 1890
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Kimm v. WeippertSupreme Court of Missouri · 1870
- Price v. CourtneySupreme Court of Missouri · 1885
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3Cited by43 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Rossi v. DavisSupreme Court of Missouri · 1939
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Cochran v. GrooverSupreme Court of Georgia · 1923
38 more not listed; retrieve them via the Exa API.