Holt v. Hanley
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Now. James D. Barnett, Judge. (1) • When dower once attaches the husband cannot by any act or omission defeat it. Davis v. G-reen, 102 Mo. 180; R. S. 1909, See. 358. (2) The widow is entitled to dower subject to a vendor’s lien. The land was not sold under or to enforce the vendor’s lien.
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Appeal from Audrain Circuit Court. — Now. James D. Barnett, Judge. (1) • When dower once attaches the husband cannot by any act or omission defeat it. Davis v. G-reen, 102 Mo. 180; R. S. 1909, See. 358. (2) The widow is entitled to dower subject to a vendor’s lien. The land was not sold under or to enforce the vendor’s lien. It was sold under the execution on the judgment against Holt on the accounts, and on the order of the court “so as to vest perfect title in the purchaser,” the amount of the vendor’s lien was ordered paid first out of the proceeds of the sale. Where the vendee of land has…
1Opinion of the Court
BROWN, C.
— This action was instituted to the September term, 1907, of the Audrain Circuit Court, for the admeasurement of dower in the east half of the northeast quarter, and the east half of the west half of the northeast quarter, of section four, in township fifty-two of range ten in said county.
The petition states, in substance, that the plaintiff was lawfully married to S. W. Holt on the twentieth day of August, 1865; and lived with him as his wife until his death, which occurred April 28, 1907. That he died seized of an estate of inheritance in said real estate, and that she thereby…
2Cases cited13 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Hitz v. JenksSupreme Court of the United States · 1887
- Grady v. McCorkleSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Duncan v. WillisTexas Supreme Court · 1957
- Cowell v. Employers Indemnity Corp.Supreme Court of Missouri · 1930
- Lientz v. SchotteSupreme Court of Missouri · 1922
- United States v. WaiteCourt of Appeals for the Eighth Circuit · 1929
- United States v. WaiteCourt of Appeals for the Eighth Circuit · 1929