Shaw v. Nicholay
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of an undivided third of the south half of block No. 204 in the city of St. Louis. The suit was instituted May 7, 1857, by Octavia Shaw. The defendant denies plaintiff’s right, but admits possession as alleged, and asserts that he holds possession as tenant of Benoist, Page and the heirs of James Gordon.
Read the full summary
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of an undivided third of the south half of block No. 204 in the city of St. Louis. The suit was instituted May 7, 1857, by Octavia Shaw. The defendant denies plaintiff’s right, but admits possession as alleged, and asserts that he holds possession as tenant of Benoist, Page and the heirs of James Gordon. The defendant further says that prior to the death of Lyman B. Shaw, husband of plaintiff, said Benoist, Page & Shaw claimed to own said block No. 204; that the Board of the…
1Opinion of the CourtScott, Judge
A testator can not deprive his executor of the power of selling his lands for the payment of his debts by devising them away. A devise no more affects this power than a descent in the course of inheritance. (Carson v. Walker, 16 Mo. 87.) This is the settled law in this state.. The plaintiff maintains the ground that, as devisee, she took the title to the lot in controversy her husband had at the time of his death, subject to a power of sale for the payment of his debts; that as executrix she could be compelled to exercise this power; that notwithstanding, if by virtue of this title, thus…
2Cases cited3 opinions
- Carson v. WalkerSupreme Court of Missouri · 1852
- Despain v. CarterSupreme Court of Missouri · 1855
- Bompart's Administrator v. LucasSupreme Court of Missouri · 1855
3Cited by2 opinions
- Kainea v. KreugerHawaii Supreme Court · 1929
- Whitford v. CrooksMichigan Supreme Court · 1884