Cason v. Cason
Supreme Court of Missouri
Error to Callaway Circuit Court. This was an action for partition of lands commenced by the collateral heirs of Larkin Cason, deceased, against his widow. With respect to one tract of eighty acres the widow set up as a defence that it did not belong to said Larkin Cason, inasmuch as it had been purchased with money given to her by her father James Luggett to be invested for her in land.
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Error to Callaway Circuit Court. This was an action for partition of lands commenced by the collateral heirs of Larkin Cason, deceased, against his widow. With respect to one tract of eighty acres the widow set up as a defence that it did not belong to said Larkin Cason, inasmuch as it had been purchased with money given to her by her father James Luggett to be invested for her in land. With respect to this matter the court found the facts to be as follows : “ That James Luggett, the father of defendant, after her intermarriage with the intestate Larkin Cason, gave to her the sum of two…
1Opinion of the CourtScott, Judge
We are of the opinion that the facts found by the court do not warrant the judgment. The question involved in this controversy is not, whether the land in part sought to be divided is the separate property of the wife, or whether the *49money witb which it was purchased was given for her separate use as against purchasers and creditors according to the general principles of law regulating the marital rights of husband and wife; but the case involves the construction of the third section of the act concerning dower of the code of 1845. If a father give his daughter money, though not to her…
2Cited by3 opinions
- Shaw v. ShawSupreme Court of Missouri · 1885
- Purvis v. HardinSupreme Court of Missouri · 1938
- Hockensmith's Legatees v. Hockensmith'sMissouri Court of Appeals · 1894