Legal Opinion

Wolfe v. Dyer

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 16 opinions

Appeal from Oass Circuit Courts — TIon. N. M. Q-ivan, J udge. (1) A married woman cannot make a valid contract for the conveyance of her title to real estate owned and held as her “ ordinary legal estate.” Hence, all testimony of defendant Dyer, and admissions in relation to snch contract, should have been excluded under the pleadings.

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Appeal from Oass Circuit Courts — TIon. N. M. Q-ivan, J udge. (1) A married woman cannot make a valid contract for the conveyance of her title to real estate owned and held as her “ ordinary legal estate.” Hence, all testimony of defendant Dyer, and admissions in relation to snch contract, should have been excluded under the pleadings. Hord v. Taubman, 79 Mo. 101; S hr oyer v. Nickell, 55 Mo. 264; Qarr v. Williams, 10 Ohio, 305 ; Knowles v. McOamley, 10 Paige Ch. 342; Atkinson v. Henry, 80 Mo. 153, and cases cited; Walker n. Owen, 79 Mo. 570 ; Hannells v. Oerner, 80 Mo. 483. (2) The warranty…

1Opinion of the CourtBlack, J.

This was an action of ejectment to recover the northeast quarter of the southeast quarter of section thirty-six, township forty-eight, range twenty-six, in Johnson county.

Both parties claim title from Harriet C. Horne, wife of Amos Horne ; she owned the property as her general, not separate, estate. The history of the title is as follows : In 1874, Horne and wife made a mortgage on this and other land, in all one hundred and sixty acres, to secure a debt owing to Johnson county; thereafter, and in 1879, they made a deed of trust on the one hundred and sixty acres to secure a debt to Jacob…

2Cited by16 opinions

  1. Freeman v. MoffittSupreme Court of Missouri · 1893
  2. Briant v. GarrisonSupreme Court of Missouri · 1899
  3. Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
  4. Fancher v. ProckSupreme Court of Missouri · 1935
  5. RoBards v. BrownSupreme Court of Missouri · 1902

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