Fontaine v. Boatmens' Savings Institution
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. Seizin in law of an estate of inheritance by the husband entitles the wife to dower. (1 Scrib. Dower, § 24, p. 251.) It being admitted by the defendant, that at the date of the deed of 10th July, 1835, from Louis Provencliere and wife to Felix Fontaine, Provencliere was seized in fee of the ground demanded, that deed was sufficient in law to transfer a like estate and seizin of the premises in dispute to Fontaine the grantee.
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Error to St. Louis Circuit Court. I. Seizin in law of an estate of inheritance by the husband entitles the wife to dower. (1 Scrib. Dower, § 24, p. 251.) It being admitted by the defendant, that at the date of the deed of 10th July, 1835, from Louis Provencliere and wife to Felix Fontaine, Provencliere was seized in fee of the ground demanded, that deed was sufficient in law to transfer a like estate and seizin of the premises in dispute to Fontaine the grantee. The seizin given by the deed was at least prima /ocie such as would entitle the wife of the grantee to dower. Beneficial seizin for…
1Opinion of the CourtWagker, Judge
This was a suit for the assignment of dower under the statute. The petition averred that the- plaintiff was the wife of Felix Fontaine, who died in 1849, and, that during the cover-ture the said Felix was seized in fee of the premises described, and that she was entitled to dower therein.
The answer denied that the said Felix was ever seized of such an estate in said premises as to entitle plaintiff, as his wife, to dower.
On the trial in the Circuit Court the defendant admitted that one Louis Provenchere was seized in fee of the premises on the 10th day of July, 1835. Plaintiff then read in…
2Cases cited2 opinions
- Mayburry v. BrienSupreme Court of the United States · 1841
- Cunningham v. KnightNew York Supreme Court · 1847
3Cited by29 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Block v. MorrisonSupreme Court of Missouri · 1892
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Allen v. KennedySupreme Court of Missouri · 1886
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