McAlister v. Novenger
Supreme Court of Missouri
Appeal from, Adair Circuit Court. I. If plaintiff is barred of her dower at all, it is by or under the 20tb section of tlie Dower Act, (Wagn. Stat., 542,) which is the same as the statute of Westminister. (13 Edw. I., 1 C., 34.) By this statute adultery alone would not bar dower. There must also be a voluntary separation by the wife from the husband; she must leave him sponte.
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Appeal from, Adair Circuit Court. I. If plaintiff is barred of her dower at all, it is by or under the 20tb section of tlie Dower Act, (Wagn. Stat., 542,) which is the same as the statute of Westminister. (13 Edw. I., 1 C., 34.) By this statute adultery alone would not bar dower. There must also be a voluntary separation by the wife from the husband; she must leave him sponte. If the husband go away and leave his wife, then even continued adultery after such separation will not bar the wife of her dower. (Elder vs. Reel, 62 Penn. St., 308, and cases cited; 1 Bish., Mar. & Div., § 628; Graham…
1Opinion of the CourtWagner, Judge
The plaintiff instituted her suit in the Adair County Circuit Court asking for an assignment of dower in the estate of her deceased husband. The facts as shown in the bill of exceptions are in brief these: That plaintiff and John McAlister were married in the State of Pennsylvania in the year 1836 or 1837, and that while in that State they resided with plaintiff's step-father; that sometime after the marriage John *253McAlister started for Missouri to look out for a home and purchase land; he requested the plaintiff and her step-father to accompany him, but they declined on the ground that they…
2Cases cited1 opinion
- Stegall v. StegallU.S. Circuit Court for the District of Virginia · 1825
3Cited by4 opinions
- Hoyt v. DavisMissouri Court of Appeals · 1886
- Payne v. DotsonSupreme Court of Missouri · 1883
- Wilson v. CraigSupreme Court of Missouri · 1903
- Leavy v. CookMissouri Court of Appeals · 1902