Elliott v. Delaney
Supreme Court of Missouri
Appeal from Clinton Circuit Court. Eon. A. D. Bwnes, Judge. • (1) The lease was duly recorded and was notice to plaintiff. Laws 1887, p. 183; Geer v. Lumber Co., 134 Mo. 94; Pike v. Martindale, 91 Mo. 268. (2) If the lease gave defendant a right to purchase the fee from the heirs, then plaintiff cannot recover. It was beyond the power of the grantor to alienate, his right from him. It was a solemn instrument which all parties must respect.
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Appeal from Clinton Circuit Court. Eon. A. D. Bwnes, Judge. • (1) The lease was duly recorded and was notice to plaintiff. Laws 1887, p. 183; Geer v. Lumber Co., 134 Mo. 94; Pike v. Martindale, 91 Mo. 268. (2) If the lease gave defendant a right to purchase the fee from the heirs, then plaintiff cannot recover. It was beyond the power of the grantor to alienate, his right from him. It was a solemn instrument which all parties must respect. Elliott could not sneak in as he is attempting to do, and deprive him of this right. If defendant Delaney had a contract to purchase the land in question,…
1Opinion of the CourtGraves, J.
Plaintiff sued in ejectment for eleven acres of land in Clinton county. The petition is an ordinary petition in ejectment. The answer is first a general denial. By a second count the defendant pleads that he went into possession of the land in dispute under a certain written instrument of date December 8, 1877, the material part of which reads:
“To have and to hold unto the said Josiah Delaney, his heirs and assigns for and during the life*20time of the said Uriah Delaney and Mary A. Delaney, and at the death of said parties the said land to revert to and become the estate of said parties or…
2Cases cited16 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Thorne v. DeasNew York Supreme Court · 1809
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Perkins v. HadsellIllinois Supreme Court · 1869
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Kershner v. HurlburtSupreme Court of Missouri · 1955
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Missouri State Highway Commission v. StoneMissouri Court of Appeals · 1958
13 more not listed; retrieve them via the Exa API.