Crenshaw v. Creek
Supreme Court of Missouri
Error to Clay Circuit Court. I The fact that dower was allotted to plaintiff does • not estop her from asserting her right. (Thompson vs. Renoe, 12 Mo., 157.) II. There are none of the elements of an estoppel in this case. To constitute an estoppel, there must be an admission, inconsistent with the claim set up, which misled the other party.
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Error to Clay Circuit Court. I The fact that dower was allotted to plaintiff does • not estop her from asserting her right. (Thompson vs. Renoe, 12 Mo., 157.) II. There are none of the elements of an estoppel in this case. To constitute an estoppel, there must be an admission, inconsistent with the claim set up, which misled the other party. (Taylor et al., vs. Zepp, 14 Mo., 482 ; Newman vs. Hook, 37 Mo., 207 ; Parker vs. Barker, 2 Met., 423 ; Gray vs. Bartlett, 20 Pick, 186 ; Knowlton vs. Smith, 36 Mol, 507.) III. Mrs. Crenshaw having acted by mistake and in ignorance of her rights, and no…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the .court.
As the court sustained a demurrer to the petition it will be necessary to examine the same and see whether it stated facts sufficient to warrant a judgment for the plaintiff.
In substance it is alleged that before 1859, plaintiff was the *100wife of one Abraham Creek, who died during that year; that during their coverture she and the said Abraham became possessed in fee simple as husband and wife, of a joint estate in the lands in said petition described; that Abraham died and she was entitled to the same in fee simple by survivorship; that she and…
2Cases cited2 opinions
- Hempstead v. EastonSupreme Court of Missouri · 1862
- Thompson v. RenoeSupreme Court of Missouri · 1848
3Cited by7 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Grady v. McCorkleSupreme Court of Missouri · 1874
- Powell v. BowenSupreme Court of Missouri · 1919
- Case v. MitzenburgSupreme Court of Missouri · 1891
- Payne v. Daviess County Savings Ass'nMissouri Court of Appeals · 1907
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