Biggers v. St. Louis Mutual House-Building Co. No. 3
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. Where the officer fails to acquaint a married woman with the contents of the deed, and to take her acknowledgment of the same upon an examination separate and apart from her husband, the deed and acknowledgment are void. — Wannall v. Kem, 57 Mo. 478-; s. e. 51 Mo. 152; Wag. Stats. 935, sect. 14. A relinquishment of all her “ right, title, and interest” is not a relinquishment of her dower. —Wag.
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Appeal from the St. Louis Circuit Court, Boyle, J. Where the officer fails to acquaint a married woman with the contents of the deed, and to take her acknowledgment of the same upon an examination separate and apart from her husband, the deed and acknowledgment are void. — Wannall v. Kem, 57 Mo. 478-; s. e. 51 Mo. 152; Wag. Stats. 935, sect. 14. A relinquishment of all her “ right, title, and interest” is not a relinquishment of her dower. —Wag. Stats. 959, sect. 3; Thomas v. Meier, 18 Mo. 573; Thomas v. Hess, 34 Mo. 13. The unsupported evidence of a grantor in a deed of trust is, as a matter…
1Opinion of the CourtHayden, J.
The plaintiff, widow of George W. Biggers, seeks to have vacated and declared void a certain deed of trust made by George W. Biggers in January, 1875, and in which the plaintiff joined, as relinquishing all her interest in the real estate conveyed, on the ground, as alleged, that the certificate of the notary is contrary to the facts ; that she was not in truth made acquainted with the contents of the deed by the officer, and was not asked if she acknowledged it, and that in fact she did not acknowledge the deed; that she was not asked if she relinquished her interest in the real estate, and…
2Cases cited5 opinions
- Lickmon v. HardingIllinois Supreme Court · 1872
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
- Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
- Wannall v. KemSupreme Court of Missouri · 1872
- Sutton v. CasselleggiMissouri Court of Appeals · 1878
3Cited by5 opinions
- Comings v. LeedySupreme Court of Missouri · 1893
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1899
- Pierce v. FeagansU.S. Circuit Court for the District of Eastern Missouri · 1889
- Mather v. JarelU.S. Circuit Court for the District of Western Missouri · 1888
- Johnson v. WeberNebraska Supreme Court · 1903