Beauchamp v. Shrader

• Decision Date: 28 February 1873
• Parties: GEORGE R. G. BEAUCHAMP, et al., Plaintiffs in Error, v. STEPHEN R. SHRADER, Defendant in Error.
• Court: Missouri Supreme Court

52 Mo. 72

GEORGE R. G. BEAUCHAMP, et al., Plaintiffs in Error,

v.STEPHEN R. SHRADER, Defendant in Error.

Supreme Court of Missouri.

February Term, 1873.

1. Garner vs. Jones, 52 Mo. 68 affirmed.

Error to Clay Circuit Court.

A conveyance to a husband and wife, as such, creates an estate of entirety, and does not make them joint tenants or tenants in common. Neither can alien without the consent of the other, and the survivor takes the whole.

Samuel Hardwick, for Plaintiffs in Error, cited: Barncord vs. Kuhn, 36 Penn. Rep., 383; Taylor on Infancy and Coverture, p. 494, 502.

Richards and Sandusky, for Defendants in Error.

Land conveyed to husband and wife passes to survivor. (Gibson vs. Zimmerman, 12 Mo., 385; Bates vs. Seeley, 46 Penn. State, 248; Babbit vs. Scroggin, 1 Duval, Ky., 272.)

There is no resulting trust in favor of the wife and her heirs. (Lux vs. Hoff, 47 Ill., 425; Farmers Bank vs. Gregory, 49 Barb., 155.)ADAMS, Judge, delivered the opinion of the court.

This was a suit in ejectment to recover possession of certain lands described in the petition. The defendant answered, admitting his possession, but claiming title to the premises.

Upon the trial, the following facts were agreed on, viz: That on the 7th day of July, A. D. 1851, one James T. V. Thompson, was seized and possessed in fee simple of the lands sued for. That on said day said Thompson executed and delivered a deed, in words and figures as follows, viz:

“This indenture made and entered into this 7th day of July, A. D. 1851, by and between James T. V. Thompson and Emily W. Thompson his wife, of the county of Clay in the State of Missouri, of the first part and Eliza Shrader and Stephen R. Shrader, her husband of the County and State aforesaid of the second part, Witnesseth: That the said party of the first part, for and in consideration of the natural love and affection which they have and bear for the said Eliza Shrader--being the daughter of the said James T. V. Thompson, and for the further consideration of one dollar to them, the said party of the first part, by the said party of the second part paid, the receipt of which is acknowledged, have given, granted, bargained and sold and by these presents do give, grant, bargain, sell, alien and convey unto the said party of the second part and to their heirs and assigns forever, certain tracts or parcels of land lying and being in the county of Clay and the State of Missouri, viz: (here the land is described as in the petition.) “(The above tract of land is given to the said party of the second party by way of advancement and is valued and charged to them at two thousand two hundred and fifty dollars) together with all and singular the appurtenances thereunto belonging, or in any wise appertaining. To have and to hold the above described pieces or parcels of land, with all the appurtenances thereto belonging or any wise appertaining, to the only proper use, benefit and behoof of them, the said party of the second part, and their heirs and assigns forever. And the said party of the first part, for themselves, their heirs and executors and administrators, covenant to and with the said party of the second part and their heirs and assigns, that the above described tracts, pieces or parcels of land, and every part or parcel thereof, they will warrant and forever defend the same, against all claims of whatever nature to them, the said party of the second part and their heirs and assigns, forever.

In witness whereof, the said parties of the first part have hereunto set their hands and seals, this 7th day of July, A. ...