70 F. 752 | U.S. Circuit Court for the District of Western Missouri | 1895
This case is submitted on an agreed statement of facts filed herein. It being an action of ejectment, the plaintiff must recover upon the strength of his own title. It being a possessory action, the legal title to the property must be in him at the time of the institution of suit. And, of course, if the legal title, carrying with it the right of possession, be not in him at the time of the institution of suit, he cannot recover. So that the question to be decided by the court is whether or not the legal title and the right of possession at law were in the plaintiff when this action was begun. ,
In November, 1885, the plaintiff was the owner in fee of the land in controversy, at which time he attempted to convey the same to his wife, the defendant Helen Woodson, by ordinary deed of conveyance. The well-settled rule of law, both in-the courts of this state and in the federal courts, is that such a deed is ineffectual to convey the legal title to the wife; but it is equally the well-settled rule of law in this state that such deed creates in the wife an
This being the well-settled rule of law of the state, in construing its owm statutes and laws, respecting the transfer of title to real, estate, such decisions become a rule of property, especially so in respect of real estate; and the federal courts, in administering justice in the state, follow the rules of decision of the state courts in this respect. Any other rule of practice would result in confusion and utter disarrangement and dislocation of titles to real estate. It would present an intolerable condition of affairs if a Citizen of the state, under the rules of decision that obtain in the state courts, would be held to be the owner of the land, and entitled to the possession thereof, in an action of ejectment brought against him in the state court; but, if such action were brought in the fed
The legal title to the land being in tbe defendant Helen, and tbe right of possession being in tbe defendant Byron Woodson, at tbe time of tbe institution of suit, under tbe law of the state, as construed by its highest court, there was no necessity for tbe defendants, as contended for by tbe learned counsel for plaintiff, to resort to a cross bill in equity to decree tbe legal title out of plaintiff, and vest it in tbe defendant Helen, before she could successfully' resist tbe plaintiff’s action at law, for tbe simple reason that by tbe operation of law, as declared by tbe supreme court of the state, both the legal and tbe equitable title were vested in her at tbe time of tbe institution of this action of ejectment. It results that, on tbe agreed statement of facts, tbe court declares tbe law to be that tbe plaintiff cannot recover. Judgment for defendant, with costs.