Brown v. Miller
Missouri Court of Appeals
Appeal from the Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) Except as to lier separate estate a married woman can have no agent. Wilcox ®. Todd, 64 Mo. 390; Hall ®. Callahan, 66-Mo. 316. (2) The land involved in this case was not the separate property of Mrs. Brown; but after her marriage her husband became entitled to possession thereof. Dyer ®. Wittier, 89 Mo. 81. (3) Marriage of Mrs Brown revoked the authority of Cox as her agent.
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Appeal from the Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) Except as to lier separate estate a married woman can have no agent. Wilcox ®. Todd, 64 Mo. 390; Hall ®. Callahan, 66-Mo. 316. (2) The land involved in this case was not the separate property of Mrs. Brown; but after her marriage her husband became entitled to possession thereof. Dyer ®. Wittier, 89 Mo. 81. (3) Marriage of Mrs Brown revoked the authority of Cox as her agent. Ewell’s Evans on Agency, 99. (4) In leasing the land Cox did not intend or purport to act for W. D. Brown, but for himself or Mrs. Brown. Mill Co. v.…
1Opinion of the CourtGill, J.
This is an injunction suit brought by plaintiff Brown to enjoin defendant Miller from entering upon, plowing up the grasses and cutting and destroying the timber of a certain three hundred acres of land, the title of which is vested by ordinary conveyance in plaintiff’s wife. The circuit court heard the case on petition, answer and reply, with evidence tending to sustain the claims of plaintiff and defendant respectively, and gave judgment for the plaintiff, awarding the relief prayed for. Defendant appealed.
The circumstances giving rise to this litigation may be substantially stated as…
2Cases cited2 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Mueller v. KaessmannSupreme Court of Missouri · 1884
3Cited by5 opinions
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- City of Louisiana v. LangSupreme Court of Missouri · 1913
- Bartlett v. RobertsMissouri Court of Appeals · 1896
- Ewing v. O'MalleyMissouri Court of Appeals · 1904