Hempstead v. Easton

Decided October 15, 1862

Supreme Court of Missouri · decided 1862-10-15

Charles Circuit Court. John Bte. Savoye owned a tract of land, being a part of the Prairie Basse or St. Charles common field and domain, having a front of two arpens, and a depth of fifty-three arpens, surveys Nos. 221 and 222. Savoye died, having made a will, dated April 30,1806, and bequeathed the tract of land above dscribed to Helen Perrott and Felicité Perrott. Helen Perrott intermarried with Paul Denoyer, and said Felicité Perrott intermarried with one Joseph Corley.

Relies on Cottle v. Sydnor

Good law ✅— No negative treatment on recordhow we know

Decided 1862-10-15

How this case has been cited

Cited by 6 later decisions — most recently November 1915

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bates, Judge,

¶1delivered the opinion of the court.

¶2The Circuit Court erred in the declaration of law given. The deed of Denoyer and wife to Hempstead was, as a conveyance of the wife’s title, merely void. The recital in the deed from Denoyer and wife to Russell is not an estoppel upon Russell and the defendant claiming under Russell.

¶3There can be no estoppel upon one party unless the other is equally estopped. Mutuality is a necessary ingredient of an estoppel. Mrs. Denoyer was not estopped, because she was a married woman and could not be so bound, and consequently Russell was not estopped either. Hempstead was no party to the deed to Russell, and was, therefore, not es-topped by anything contained in it. Neither, therefore, was Russell estopped from claiming adversely to Hempstead. (Cottle v. Snyder, 10 Mo. 764.)

¶4Judgment reversed.