Dozier v. Toalson
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M Hughes, Judge. (1) Under the deed there was never any seizin or right of seizin in the grantee, either legal or constructive, and as she died before the life tenant there can be no curtesy. Right to actual possession by the wife during coverture is a necessary condition to the right of the husband to curtesy. Seizin is in the life tenant; during the whole period of the life estate.
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Appeal from Audrain Circuit Court. — Hon. E. M Hughes, Judge. (1) Under the deed there was never any seizin or right of seizin in the grantee, either legal or constructive, and as she died before the life tenant there can be no curtesy. Right to actual possession by the wife during coverture is a necessary condition to the right of the husband to curtesy. Seizin is in the life tenant; during the whole period of the life estate. If the estate of the wife is a reversionary one, subject to a prior freehold estate in another, her constructive seizin of such, reversion will not entitle her husband…
1Opinion of the CourtMarshall, J.
This is a suit for partition of lot 8 in block 5 of Clark's addition to the city of Mexico.
The facts a.re these:
On December 26, 1891, Julia E. Maus, a widow, owned the property, and on that, day she conveyed it to her daughter Elizabeth Allensworth Maus, by a general warranty deed, which, however, in the granting clause recited: <£excepting and reserving the uses, rents and profits of said lands .and appurtenances during my natural life, ’ ’ and in the habendum clause recited:£ £ subject to the above limitations of my life.” At that time Mrs. Maus was in possession of the property and…
2Cases cited6 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Murphy v. GabbertSupreme Court of Missouri · 1902
- Tremmel v. KleiboldtSupreme Court of Missouri · 1881
- Cornwell v. OrtonSupreme Court of Missouri · 1895
- McTigue v. McTigueSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aldridge v. AldridgeSupreme Court of Missouri · 1907
- Lemon v. LemonSupreme Court of Missouri · 1918
- Norcomo Corp. v. Franchi Const. Co., Inc.Missouri Court of Appeals · 1979
- Goins v. MeltonSupreme Court of Missouri · 1938
- Tillman v. City of CarthageSupreme Court of Missouri · 1923
7 more not listed; retrieve them via the Exa API.