Sutton v. Casselleggi
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The effect of a deed to husband and wife depends, not on the terms of the deed, but upon the fact that the grantees are in fact husband and wife, and that the conveyance is made to them jointly; for if made to them as tenants in common, they take as such. — Gibson v. Zimmermann, 12 Mo. 385; Jackson v. Stevens, 16 Johns. 110 ; Doe v. Parrott, 5 Term Rep. 652. The recitals in the marriage contract of December, 1828, necessarily referred to…
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Appeal from St. Louis Circuit Court. The effect of a deed to husband and wife depends, not on the terms of the deed, but upon the fact that the grantees are in fact husband and wife, and that the conveyance is made to them jointly; for if made to them as tenants in common, they take as such. — Gibson v. Zimmermann, 12 Mo. 385; Jackson v. Stevens, 16 Johns. 110 ; Doe v. Parrott, 5 Term Rep. 652. The recitals in the marriage contract of December, 1828, necessarily referred to and ratified the deed of November, 1820. — Price v. Hart, 29 Mo. 171; Boatman v. Gurry, 25 Mo. 433 ; Thomas v. Pullis,…
1Opinion of the Court
Lewis, P. J.,
delivered tbe opinion of the court.
This is a suit in ejectment for an undivided one-third part of a lot fronting thirty-two and a half feet on Third Street, in the city of St. Louis. The Circuit Court, sitting as a jury, found the plaintiff entitled to one undivided eighth part of the lot, and rendered judgment accordingly. Both parties appealed.
Bosalie Yermet was married in Canada, about the year 1800, to Jean Baptiste Bobidoux. By him she had a daughter, Arehange, born in 1803, who subsequently married Bobert A. McDowell, and Laurent, a son, born in 1805. In 1818, Bosalie had…
2Cases cited4 opinions
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Shepley v. LytleSupreme Court of Pennsylvania · 1837
- Joeckel v. EastonSupreme Court of Missouri · 1847
- McDowell v. LittleSupreme Court of Missouri · 1863
3Cited by5 opinions
- Sutton v. CasseleggiSupreme Court of Missouri · 1883
- Elliott v. SheppardSupreme Court of Missouri · 1904
- Biggers v. St. Louis Mutual House-Building Co. No. 3Missouri Court of Appeals · 1880
- Kellogg v. Dennis, New York County Courts1902
- Decker v. DeckerNebraska Supreme Court · 1902