Russell v. Russell
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in refusing the declaration of law asked by the defendants. A deed to husband and wife creates a tenancy by the entirety, neither taking a moiety, but each the entire estate.
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Appeal from St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in refusing the declaration of law asked by the defendants. A deed to husband and wife creates a tenancy by the entirety, neither taking a moiety, but each the entire estate. Gibson v. Zimmerman, 12 Mo. 385; Garner v. Jones, 52 Mo. 68; Beauchamp v. Shrader, 52 Mo. 72; Shroyer v. Nickell, 55 Mo. 264; Ball v. Stephens, 65 Mo. 670; Baker v. Steivart, 2 L. R. A. 434. (2) An estate to husband and wife is not a joint tenancy. In such an estate each party takes the entirety, and the survivor takes the whole, not…
1Opinion of the CourtSherwood, J.
The question presented by this appeal is whether a wife divorced from her husband, can have partition of land owned by them prior to such divorce as tenants by the entirety. Such tenancies were recognized at an early day in this state (Gibson v. Zimmerman, 12 Mo. 385); at a time, too, *237when our statute was in this form:- “Every interest in real estate granted or devised to two or more persons, other than executors or trustees, as such, shall be a tenancy in common, unless expressly declared, in such grant or devise, to be in joint tenancy.” The statute had been in this form since 1835, and…
2Cases cited7 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Kirkwood v. DomnauTexas Supreme Court · 1891
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Garner v. JonesSupreme Court of Missouri · 1873
- Gibson v. ZimmermanSupreme Court of Missouri · 1849
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3Cited by21 opinions
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Sharpe v. BakerIndiana Court of Appeals · 1911
- Grose v. HollandSupreme Court of Missouri · 1948
- Holmes v. Kansas CitySupreme Court of Missouri · 1908
16 more not listed; retrieve them via the Exa API.