Goodale v. Evans
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Ho». Nat M Shelton, Judge. (1) The purported deed through which defendants claim title being limited by its terms to take effect on the death of the grantor, is testamentary in' character and, not being executed according to the requirements of law for the execution of a will, it is invalid as such.
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Appeal from Macon Circuit Court. — Ho». Nat M Shelton, Judge. (1) The purported deed through which defendants claim title being limited by its terms to take effect on the death of the grantor, is testamentary in' character and, not being executed according to the requirements of law for the execution of a will, it is invalid as such. Miller v. Plolt, 68 Mo. 584; Murphy v. Gabbert, 166 Mo. 576; Chew v. Kellar, 171 Mo. 215; Griffin v. McIntosh, 176 Mo. 398; Aldridge v. Aldridge, 202 Mo. 572; Givens v. Ott, 222 Mo. 411; Terry v. Glover, 235 Mo. 544; Jordan' v. Jordan, 65 Ala. 301; Pink-ham v.…
1Opinion of the CourtWoodson, P. J.
This action was brought in two counts, in the circuit court of Macon county, by the plaintiffs against' the defendants, to determine title to acertain house and lot in Bevier, of that county.
The first count was based upon old section 650, Revised Statutes 1899, as amended in 1909, Laws 1909, page 343, now section 2535, Revised Statutes 1909; and the second count was for the partition of the property. Both counts were in conventional form and need no further consideration.
The answer was:
First. .• A general denial.
Second. A plea of title in the defendants by deed.
Third. That the action was…
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