Schooler v. Schooler
Supreme Court of Missouri
Appeal from Ray Circuit Court . — Hon. Francis H. Trimble, Judge. (1) Without delivery, a deed passes no title. Chambers v. Chambers, 127 S. W. (Mo.) 8G. (2) While a valid delivery may be made by delivering a deed to a stranger with instructions to deliver it to the grantee, still to make such delivery effectual, it must affirmatively appear that the grantor at the time he delivered the deed to the depositary, parted with all dominion and control over it, and relinquished…
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Appeal from Ray Circuit Court . — Hon. Francis H. Trimble, Judge. (1) Without delivery, a deed passes no title. Chambers v. Chambers, 127 S. W. (Mo.) 8G. (2) While a valid delivery may be made by delivering a deed to a stranger with instructions to deliver it to the grantee, still to make such delivery effectual, it must affirmatively appear that the grantor at the time he delivered the deed to the depositary, parted with all dominion and control over it, and relinquished all right to alter or recall it, intending at the time to pass the title as a present transfer. Hammershlougli v.…
1Opinion of the Court
OPINION.
I
BOND, J.
(After stating the facts as above.) — In this case both parties have a common source of title, the father of the plaintiffs and the grandfather of the defendants. Unless, therefore, the defendants are able to show a valid grant of the remainder in the particular portions of their grandfather’s land, described in the deed involved in this case, they must fail in their defense, and that property, as well as the remaining estate of their grandfather, will be inherited by the plaintiffs, share and share alike. The only assault made by the plaintiffs upon the deed in this case, is…
2Cases cited5 opinions
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Tobin v. BassSupreme Court of Missouri · 1885
- Chowder v. SearcySupreme Court of Missouri · 1890
3Cited by17 opinions
- Franklin v. FranklinSupreme Court of Missouri · 1955
- Elsea v. SmithSupreme Court of Missouri · 1918
- Baker v. BakerSupreme Court of Missouri · 1952
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Clark v. SkinnerSupreme Court of Missouri · 1934
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