Emmerson v. Hughes
| Decision Date | 20 June 1892 |
| Citation | 19 S.W. 979,110 Mo. 627 |
| Parties | EMMERSON v. HUGHES et al. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Saline county; RICHARD FIELD, Judge.
Action by Edward Emmerson against Charles H. Hughes and others. Judgment for plaintiff. Defendants appeal. Affirmed.
Thos. Shackleford, W. R. Gist, and Draffen & Williams, for appellants. Saml. Boyd, for respondent.
This is an action of ejectment to recover the undivided one fifth of about 200 acres of land. The suit was brought against Charles H. Hughes, who was the tenant of H. C. Simmons. Simmons appeared, and was made a defendant upon his own motion. The cause was tried upon agreed facts, from which it appears that Elizabeth O'Bannon and her husband, by their deed dated the 26th October, 1868, conveyed the land to "Mary R. Godman for and during her natural life, and with remainder to the heirs of her body." Habendum, "to have and to hold the premises hereby conveyed unto the said Mary R. Godman during her natural life; then to the heirs of her body and assigns forever." At the date of this deed, Mary R. Godman had six children living. It is agreed that she had then reached such an age as to render future issue impossible. She, her husband, and the six children executed and delivered deeds conveying all their interest in the land, and the defendant Simmons claims title under these deeds. After the execution and delivery of these deeds by Mary R. Godman, her husband, and the six children, one of the children died without issue, and another one, a daughter, married Henry S. Emmerson. Mrs. Emmerson died in February, 1880, leaving the plaintiff as her only child; and Mary R. Godman died in 1888, leaving two sons and two daughters and the plaintiff, her grandson, as her only heirs at law. The case turns upon the construction of the deed to Mary R. Godman. If the plaintiff's mother took a vested remainder by that deed, then he cannot recover, for in that event his mother's deed conveyed that interest; but if she took a contingent remainder only, then he is entitled to recover. The cases of Chiles v. Bartleson, 21 Mo. 344, and Phillips v. La Forge, 89 Mo. 72, 1 S. W. Rep. 220, to which we are cited, show that a devise or conveyance of land to one and the heirs of his body creates an estate in fee tail at common law, and that the statute converts that estate into a life estate in the first taker, remainder in fee simple to the persons to whom the estate tail would go on the death of the first grantee. The...
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Cornwell v. Wulff
... ... Bartleson, 21 Mo. 344, by Black, J., in Cook v. Couch, 100 Mo. 29, 13 S. W. 80, and in Emmerson v. Hughes, 110 Mo. 630, 19 S. W. 979, though they were not followed by the judge in either instance. Carr v. Dings, 58 Mo. 400, by Henry, J., in Wead ... ...
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... ... 155; Freeman on ... Partition, pp. 579 to 584; Wilkinson v. Stuart, 74 ... Ala. 205; West v. West, 90 Ala. 461; Merritt v ... Hughes (W. Va.), 15 S.E. 56.) But since it has become a ... civil action the entire title may be partitioned, provided ... all parties in interest are ... ...
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Heady v. Crouse
... ... more profitable, than it would, at the suit of the prospective heir, require a man to improve his own estate or protect it from decay." Judge Hughes, in circuit court, on motion of plaintiffs to strike out certain parts of defendant's answer, in a written opinion overruling the said motion, used ... [100 S.W. 1056] ... have children, and precede their mother in death, as did both Mary B. and Laura M. The case of Emmerson v. Hughes, 110 Mo. 627, 19 S. W. 979, is exactly in point, sustaining our contention. The opinion in this case was reached by Judge Black. The facts ... ...
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... ... Emmerson v. Hughes, 110 Mo. 627, 19 S.W. 979; Godman v. Simmons, 113 Mo. 122, 20 S.W. 972; Commerce Trust Co. v. Foulds, 221 Mo. App. 317, 273 S.W. 229. (7) ... ...