Legal Opinion

Devorse v. Snider

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 4 opinions

Appeal from Holt Circuit Court.. I. The plaintiff cannot recover in this form of action. She could only sue at law for maintenance or possession, upon failure of John Devofse or his representatives to perform'the conditions of the contract. (Moore vs. Wingate, 53 Mo. 339— 441, and authorities cited; Messersmith vs. Messersmith,-22 Mo., 370 ; Livingston vs. Tompkins, 4 Johns.

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Appeal from Holt Circuit Court.. I. The plaintiff cannot recover in this form of action. She could only sue at law for maintenance or possession, upon failure of John Devofse or his representatives to perform'the conditions of the contract. (Moore vs. Wingate, 53 Mo. 339— 441, and authorities cited; Messersmith vs. Messersmith,-22 Mo., 370 ; Livingston vs. Tompkins, 4 Johns. Ch. B., 415.) If the facts set up in plaintiff’s petition are true, i. e. if her husband died seized of the land, and she has not relinquished her dower therein, then her right to dower upon the death of her husband…

1Opinion of the CourtSherwood, Judge

The plaintiff is the widow of Daniel Devorse, deceased, and brought her action to set aside a deed to certain land.

This deed bears date and is acknowledged in January, 1853, recorded in 1859, is in the usual form of deeds with covenants of general warranty, and expresses a consideration of $200.

The petition charges that this deed was executed and acknowledged by the decedent and herself, and was made in pursuance of a parol contract between her husband and herself and John Devorse, now deceased, a son of her husband, that the son and grantee should, before the deed was delivered to him, enter…

2Cases cited2 opinions

  1. Davis v. DavisSupreme Court of Missouri · 1838
  2. Huse v. McQuadeSupreme Court of Missouri · 1873

3Cited by4 opinions

  1. Davis v. WatsonMissouri Court of Appeals · 1901
  2. Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927
  3. Atkison v. HenrySupreme Court of Missouri · 1883
  4. Miller v. LullmanSupreme Court of Missouri · 1884

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