Missouri Appeal Reports Volume 3

Missouri Appeal Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... were the parties to the proceedings in partition, nor that Hall ever acquired any interest whatever in any land inherited by Jacob of his father, except the twenty-eight-acre tract described in the administrator's deed. For all this record shows, the contingent interest of Jacob in the tract of 148 acres sold to Blair was never conveyed to any one before the partition sale, and may by virtue of these proceedings in partition have passed to Blair, together with all title and estate to the realty which was owned by John Howdeshell at the time of his death. Every living soul having or claiming any interest, vested or contingent, in the Howdeshell lands may have been, and probably was, a party to the partition under which Blair acquired, and we cannot see what he got by the Hall deeds to him, which are not set out in the record. The deed from Jacob Howdeshell by administrator to Thomas, which is set out in the record, and under which Hall acquired, is, however, plain enough. It conveys, "one undivided seventh part" of the twenty-eightacre tract. It does not purport to convey all the interest of the deceased in this tract, nor does it say that his interest is a seventh, nor does it recite that the sale was made by virtue of any order to sell all the right, title, and interest of the deceased in the land described. Wecannot, therefore, say, from the deed itself, that the contingent interest of Jacob in the twenty-eight-acre tract passed by this deed. We can pass only upon the state of facts presented by the record brought before us; and it does not warrant the decree, because it does not show that the one-sixth interest of Jacob Howdeshell in the one-seventh interest of Mrs. Beaupied in her father's lands were passed to...
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Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236953649
  • 9781236953643