Legal Opinion

McClanahan v. Porter

Supreme Court of Missouri

Decided July 15, 1847PublishedCited by 20 opinions

APPEAL from Morgan Circuit Court, 1. That the plaintiff’ gave no evidence to the jury to show that (lie said William C. .Porter, in his lifetime and during her coverture with him, was seized of such an estate in the lands, &<*.., which were purchased by the defendant under execution, as entitled her to dower therein, or to damages, &c., for not having assigned the same therein; but, on the contrary, the only evidence given by the plaintiff to the jury is, that Green L.…

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APPEAL from Morgan Circuit Court, 1. That the plaintiff’ gave no evidence to the jury to show that (lie said William C. .Porter, in his lifetime and during her coverture with him, was seized of such an estate in the lands, &<*.., which were purchased by the defendant under execution, as entitled her to dower therein, or to damages, &c., for not having assigned the same therein; but, on the contrary, the only evidence given by the plaintiff to the jury is, that Green L. Douthit, as sheriff of Morgan county, levied certain executions issued upon judgments of the Morgan Circuit Court against…

1Opinion of the CourtNapton, J.

This was a suit for dower brought by the appelle, Betsey Porter, in the Circuit Court of Kinderhook county, but afterwards removed to the county of Morgan, and there decided. The petition charged that the petitioner was deforced of her dower in a small tract of land in Kinder-hook county, upon which there was a saw and grist mill. A plea was filed and an issue made up, which resulted in a judgment by the court that the petitioner be seized of her dower in said lands, and commissioners were appointed to assign the dower. These commissioners reported that the lands were not susceptible of…

2Cases cited2 opinions

  1. Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810
  2. Rankin v. OliphantSupreme Court of Missouri · 1845

3Cited by20 opinions

  1. Butler v. FitzgeraldNebraska Supreme Court · 1895
  2. Moore v. PriceSupreme Court of Florida · 1929
  3. Givens v. OttSupreme Court of Missouri · 1909
  4. Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
  5. Bridgeford v. Groh Et Ux.Supreme Court of Pennsylvania · 1932

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