Sweaney v. Mallory
Supreme Court of Missouri
Error to Clinton Circuit Court. I. If a dowress'is guilty of fraudulent practices in inducing the purchaser to take the estate under a belief that she waives her dower, she will be estopped from afterward claiming dower. (2 Serib.
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Error to Clinton Circuit Court. I. If a dowress'is guilty of fraudulent practices in inducing the purchaser to take the estate under a belief that she waives her dower, she will be estopped from afterward claiming dower. (2 Serib. Dow., 257; Deshler vs. Beery, 4 Dal. [Pa.], 300; Dougrev vs. Topping, 4 Paige, 94; Lawrence vs. Brown, 1 Seld., 394; Wood vs. Seely, 32 N. Y., 105; Smiley vs. Wright, 2 Ohio, 506; Ellis vs. Didon, 1 Cart [Ind.], 561; S. O., 1 Smith [Ind.], 354; Storrey vs. Bank of Charleston, 1 Rich. Eq. [S. C.], 275; Sto. Eq. [11 ed.], §§ 385, 385a, 1546 ; 4 Kent Com. [9 ed.], t.…
1Opinion of the CourtWagner, Judge
This was a suit brought by plaintiff, formerly widow of George Mallory, deceased, for the assignment of dower in the real estate of which her late husband died seized and possessed.
The defendants in their answer alleged, that in his life time George Mallory mortgaged the land (in which mortgage plaintiff Elizabeth joined, relinquishing her right of dower), to secure the payment of a debt of one thousand dollars, and died leaving the debt unpaid ; that the holder of the debt and mortgage obtained a judgment therein in the circuit court against „ George Mallory’s administrator for the sum of…
2Cases cited2 opinions
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
- Jones v. BraggSupreme Court of Missouri · 1863
3Cited by5 opinions
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Hart v. GilesSupreme Court of Missouri · 1877
- Casteel v. PotterSupreme Court of Missouri · 1903
- Foley v. BoulwareMissouri Court of Appeals · 1901
- Parlin v. StoneU.S. Circuit Court for the District of Western Missouri · 1880