Davis v. Evans
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' This action is to enforce the claim of plaintiff to dower in certain land as the widow of S. W. Davis who died in 1886. It seems that during the marriage the latter bid in the land at a partition sale in 1860, and a deed therefor was duly made to him as purchaser, May 2, 1863, by the sheriff, reciting full payment of the purchase money by him.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' This action is to enforce the claim of plaintiff to dower in certain land as the widow of S. W. Davis who died in 1886. It seems that during the marriage the latter bid in the land at a partition sale in 1860, and a deed therefor was duly made to him as purchaser, May 2, 1863, by the sheriff, reciting full payment of the purchase money by him. Meanwhile Mr. Williams, through whom defendants claim, had purchased the Interest of Mr. Davis in the property by a sale on execution, May 1, 1863, receiving a deed therefor, May 4, 1863,…
1Opinion of the CourtBarclay, J.
— It may be well at thé outset to refer for a moment to the pleadings which appear; to simplify *168some of the questions discussed by the learned counsel in their briefs.
Defendants’ answer states, among other things, that in 1860 the deed, purporting to convey the land in controversy, was executed and delivered to Mr. Davis, but it is charged that the same was in trust for the use and benefit of Mr. Williams “who paid the consideration therefor,” and that the only interest of Mr. Davis in the property was as such trustee.
The effect of these allegations is an admission that-Mr. Davis acquired the…
2Cases cited3 opinions
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Steward ex rel. Grantham v. ThomasSupreme Court of Missouri · 1864
- Burgess v. BowlesSupreme Court of Missouri · 1889
3Cited by8 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Young v. ThrasherSupreme Court of Missouri · 1893
- Bartlett v. TinsleySupreme Court of Missouri · 1903
- Von Arb v. ThomasSupreme Court of Missouri · 1901
- Fairchild v. CreswellSupreme Court of Missouri · 1891
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