Rogers v. Marsh
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. S. A. Richardson^ Judge. 1. The minority of plaintiffs Lula and Joel, and the appointment of a next friend by the Gentry circuit court, is alleged in the petition and denied in the answer, and there is no proof upon the subject. No authority, therefore, has been shown for the prosecution of this suit in their behalf. 2. The widow is estopped from claiming a homestead.
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Appeal from Gentry Circuit Court. — Hon. S. A. Richardson^ Judge. 1. The minority of plaintiffs Lula and Joel, and the appointment of a next friend by the Gentry circuit court, is alleged in the petition and denied in the answer, and there is no proof upon the subject. No authority, therefore, has been shown for the prosecution of this suit in their behalf. 2. The widow is estopped from claiming a homestead. She stood by without asserting her claim and saw Marsh purchase at a sale by her husband’s administrator for a price, which, together with a sum paid for her dower right, was the full…
1Opinion of the CourtNorton, J.
This is an action of ejectment to recover the possession of eighty acres of land situated in Gentry *68county. The answer is a general denial, with a special defense setting up title in defendants. Both parties claim title through one N. Thomas Rogers. The evidence adduced on the trial tended to establish the following facts : That said N. Thomas Rogers, in 1866, acquired title to the land in question, by deed duly recorded at that time; that he lived upon the same as a homestead with his family, consisting of his wife and ten minor children, till his death, which occurred in the year 1868; that…
2Cases cited4 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Skouten v. WoodSupreme Court of Missouri · 1874
- Howe v. McGivernWisconsin Supreme Court · 1870
- Gragg v. GraggSupreme Court of Missouri · 1877
3Cited by30 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Conrad v. FisherMissouri Court of Appeals · 1889
- Anthony v. RiceSupreme Court of Missouri · 1892
- O'Donnell v. City of ButteMontana Supreme Court · 1911
- Karsznia v. KelseySupreme Court of Missouri · 1953
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