Farmers Exchange Bank v. Hageluken
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. Appellant Isabella Hageluken was at the time of the execution of the trust deed sought to be foreclosed in this action, a married woman, living with her husband, she having obtained the property in controversy by deed from one William Corn-mans. The land in this suit, under the evidence, was not her separate estate.
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Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. Appellant Isabella Hageluken was at the time of the execution of the trust deed sought to be foreclosed in this action, a married woman, living with her husband, she having obtained the property in controversy by deed from one William Corn-mans. The land in this suit, under the evidence, was not her separate estate. There were no words in the deed excluding the marital rights of her husband, and under the repeated decisions of this State the conveyánce made by her, without the joining of her husband, was void. Bartlett v. Roberts,…
1Opinion of the Court
In Division Two.
SHERWOOD, P. J.
This proceeding was instituted against Isabella Hageluken and her husband to foreclose a certain deed of trust, given to secure certain promissory notes in suit, which notes and deed were executed by Isabella while covert; her husband did not join in executing such deed, and •upon this ground she resisted the suit of foreclosure, asserting that her husband did not join with her in the execution of the trust deed, and for this reason she was incompetent to convey the land mentioned in the deed aforesaid. The title to the land in suit accrued to Isabella in 1891,…
Also in this document: Per curiam.
2Cases cited10 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Brown v. BowenSupreme Court of Missouri · 1886
- Frecking v. . RollandNew York Court of Appeals · 1873
- Gilliland v. GillilandSupreme Court of Missouri · 1888
- Bains v. BullockSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Riggs v. PriceSupreme Court of Missouri · 1919
- Moseley v. BogySupreme Court of Missouri · 1917
- Rutledge v. RutledgeMissouri Court of Appeals · 1909
16 more not listed; retrieve them via the Exa API.