Gragg v. Gragg
Supreme Court of Missouri
Appeal from Clay Circuit Court.—Hon. George "W. Dunn, Judge. This is a suit for partition of land among the heirs of Beujamin Gragg, who died in June 1871, seized and possessed of a tract of 164 acres, embracing the land in question. At that time, and for many years prior thereto, he and his wife, Nancy, one of the defendants in the present case, with their children, were living upon said land, using and occupying it as a homestead.
Read the full summary
Appeal from Clay Circuit Court.—Hon. George "W. Dunn, Judge. This is a suit for partition of land among the heirs of Beujamin Gragg, who died in June 1871, seized and possessed of a tract of 164 acres, embracing the land in question. At that time, and for many years prior thereto, he and his wife, Nancy, one of the defendants in the present case, with their children, were living upon said land, using and occupying it as a homestead. In 1872, his executor instituted proceedings for the admeasurement and assignment of dower to the widow, which resulted in setting apart to her 48 acres of the…
1Opinion of the CourtHenry, J.
Under the homestead law, when Benjamin Gragg died, his widow, Nancy Gragg, took the same estate in the homestead of which her husband died seized. Sec. 5, Wag. Stat., 698; Skouten v. Woods, 57 Mo. 380. And as was said in Bates v. Bates, 97 Mass. “ There is nothing inconsistent in her right to both dower and homestead in the same estate.” Our statute recognizes both as subsisting rights of the widow on the death of her husband; but it is contended that, as the statute requires the same commissioners at the same time to set off both, if they only set off one, the right to the other cannot…
2Cases cited1 opinion
- Skouten v. WoodSupreme Court of Missouri · 1874
3Cited by14 opinions
- Rogers v. MarshSupreme Court of Missouri · 1880
- Iltz v. KriegerOregon Supreme Court · 1922
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Lewis v. BarnesSupreme Court of Missouri · 1917
- Willoughby v. BrandesSupreme Court of Missouri · 1927
9 more not listed; retrieve them via the Exa API.