Cox v. Boyce
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. Chas. W. Wilson, Special Judge. (1) Tbe finding of tbe court tbat plaintiff bad curtesy interest in tbe land was erroneous. Tbe life estate of Mrs. Joseph Hunter was outstanding when plaintiff’s wife died. In such a case no estate of curtesy exists. There was no seizin in the wife.
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Appeal from Lincoln Circuit Court. — Hon. Chas. W. Wilson, Special Judge. (1) Tbe finding of tbe court tbat plaintiff bad curtesy interest in tbe land was erroneous. Tbe life estate of Mrs. Joseph Hunter was outstanding when plaintiff’s wife died. In such a case no estate of curtesy exists. There was no seizin in the wife. Martin v. Trail, 142 Mo. 85. (2) In treating the only question presented upon the hearing it would be well to dispose of the cases of Lacy v. Williams, 27 Mo. 280; Marheinelce v. Grothaus, 72 Mo. 204; Garrison v. Lyle, 38 Mo. App. 558, and other cases of like import by…
1Opinion of the CourtValliant, J.
This is an action of ejectment, coming from the circuit court of Lincoln county.
The plaintiff claims the land in suit as sole heir of his deceased infant child, who was the sole heir of her deceased mother, who was the wife of plaintiff. Defendant claims under a deed from the child’s curator made under judgment of the probate court of Howell county. The case turns on the question as to the validity of that deed.
There is an equitable defense set up in the answer, but as the case will be disposed of before we reach that defense it will be unnecessary to set it out in this statement.
The land…
2Cases cited7 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Reaume v. ChambersSupreme Court of Missouri · 1855
- Rowden v. BrownSupreme Court of Missouri · 1886
- Marheineke v. GrothausSupreme Court of Missouri · 1880
- Stephens v. HumeSupreme Court of Missouri · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hathaway v. HoffmanSupreme Court of Oklahoma · 1915
- In Re Adoption of Duren v. HicksSupreme Court of Missouri · 1947
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Baker v. CuretonSupreme Court of Oklahoma · 1915
- Hadley v. BerneroMissouri Court of Appeals · 1903
18 more not listed; retrieve them via the Exa API.