Westmeyer v. Gallenkamp
Supreme Court of Missouri
Appeal from Eranldin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A statute in force at the time Bernard Westmeyer, the common source of title, died is: “Until dower be assigned, the widow may remain in and enjoy the mansion house of her husband, and the messuages and plantation thereto belonging, without being liable to pay any rent for the same.” E. S. 1855, p. 672, sec. 21. This right of the widow is in the nature of a life estate.
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Appeal from Eranldin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) A statute in force at the time Bernard Westmeyer, the common source of title, died is: “Until dower be assigned, the widow may remain in and enjoy the mansion house of her husband, and the messuages and plantation thereto belonging, without being liable to pay any rent for the same.” E. S. 1855, p. 672, sec. 21. This right of the widow is in the nature of a life estate. She could convey it, and her grantee had the same estate she had and no other or greater. If .ousted, she or grantee could maintain ejectment for it. She…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover lot 2 in block 3 in Meuse’s addition to the city of Washington in Eranklin county, Missouri. The petition is in the usual form, and the answer is a general denial. Judgment was for the defendant in the circuit court, and the plaintiffs appeal. There is no dispute about the facts. Bernard Westmeyer, who died intestate in the year 1854, is the *32common source of title. The plaintiffs are three of his children, and as his heirs at law are entitled to- the- undivided twenty-one thirtieths of said' lot (except nine inches off the east side thereof, the title…
2Cases cited22 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Jones v. ManlySupreme Court of Missouri · 1875
- Leonard v. SparksSupreme Court of Missouri · 1893
- Hickman v. LinkSupreme Court of Missouri · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- Crismond v. KendrickSupreme Court of Missouri · 1930
- Herr v. Humphrey, JudgeCourt of Appeals of Kentucky (pre-1976) · 1939
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Kerr v. KerrMissouri Court of Appeals · 1975
5 more not listed; retrieve them via the Exa API.