Leavy v. Cook
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Ucm. Jno. P. Butler, Judge. (1) Plaintiff’s right was founded upon a marriage contract or settlement in contemplation of marriage. It was incumbent on her to show that she had complied with its terms on her part, and it was error to strike out that portion of defendants’ answer pleading non-performance, abandonment and adultery. York v. Fenner, 59 Iowa 487, 13 N. W. 630; 1 Washburn’s Real Prop.
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Appeal from Linn Circuit Court. — Ucm. Jno. P. Butler, Judge. (1) Plaintiff’s right was founded upon a marriage contract or settlement in contemplation of marriage. It was incumbent on her to show that she had complied with its terms on her part, and it was error to strike out that portion of defendants’ answer pleading non-performance, abandonment and adultery. York v. Fenner, 59 Iowa 487, 13 N. W. 630; 1 Washburn’s Real Prop. (3 Ed.), p. 227. (2) Adultery is a complete defense, and barred respondent’s rights to any claim whatever in her deceased husband’s estate, and may be shown without…
1Opinion of the CourtVault A Nt, J.
Suit for partition of lands descended to the heirs of Joseph Leavy, deceased. Plaintiff claims to be the widow of decedent and the defend-ants are Ms heirs at law, the administrator of his estate, and several parties who hold mortgages on the land. Plaintiff avers that she is the owner of an undivided *295one-seventh of the land described in the petition by virtue of an antenuptial contract with her late husband, whereby, in consideration of the marriage then in contemplation, and which was thereafter duly consummated, it was agreed that plaintiff should have an interest in her husband’s estate…
2Cases cited6 opinions
- Kinzey v. KinzeySupreme Court of Missouri · 1893
- Logan v. PhillipsSupreme Court of Missouri · 1853
- Anglade v. St. AvitSupreme Court of Missouri · 1878
- Saunders v. SaundersSupreme Court of Missouri · 1898
- McAlister v. NovengerSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Donaldson v. DonaldsonSupreme Court of Missouri · 1913
- Pfeiffer v. PfeifferSupreme Court of Missouri · 1962