Fuller v. Devolld
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The life tenant is bound to pay all the accruing interest on existing incumbrances upon the estate. Tiedeman on Real Property, sec. 66, p. 42; 16 Cyc., p. 634, par. 12. (2) ' If the incumbrance itself is discharged by the life tenant the amount should he apportioned ratably between him and the remaindermen. See authorities above cited.'
1Opinion of the CourtEllison, J.
Samuel Devolld was the owner of a tract of land and was the father of three children, to-wit: Miranda J., Hattie L., and Willis H. Miranda’s only heir and Hattie L., each brought their' action, which were consolidated into one, which is the present case. Willis H. refused to join.
Samuel Devolld gave a deed of trust on the whole tract of land to secure the payment of one thousand dollars and interest. Afterwards he conveyed a part ot the land to one of his daughters, a part to the other daughter, and the remainder to his son Willis, by three separate warranty^ deeds, each reciting a paid…
2Cases cited9 opinions
- Hancock v. FlemingIndiana Supreme Court · 1885
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Bone v. TyrrellSupreme Court of Missouri · 1892
- Bobb v. WolffMissouri Court of Appeals · 1893
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3Cited by6 opinions
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Morris v. HanssenSupreme Court of Missouri · 1934
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Raffety v. ParkerCourt of Appeals for the Eighth Circuit · 1957
- Forty Bon, Inc. v. St. Louis Investment Properties, Inc.Missouri Court of Appeals · 1998
1 more not listed; retrieve them via the Exa API.