Case v. Mitzenburg
Supreme Court of Missouri
Appeal from Scotland Circuit Court, (1) The fact that dower has been assigned to a widow does not estop her, or those claiming under her, from asserting a claim to the land in fee. Thompson v. Reno, 12 Mo. 157; Crenshaw v. Creek, 52 Mo. 98; Grady v. McCorkle, 57 Mo. 172; Freeman on Judgments, sec. 303, (2) A widow is entitled to both dower and homestead in the same land, and the assignment of dower cannot affect the right to homestead.
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Appeal from Scotland Circuit Court, (1) The fact that dower has been assigned to a widow does not estop her, or those claiming under her, from asserting a claim to the land in fee. Thompson v. Reno, 12 Mo. 157; Crenshaw v. Creek, 52 Mo. 98; Grady v. McCorkle, 57 Mo. 172; Freeman on Judgments, sec. 303, (2) A widow is entitled to both dower and homestead in the same land, and the assignment of dower cannot affect the right to homestead. Gragg v. Gragg, 65 Mo. 343; Seek v. Sagress, 68 Mo. 68; Kelsay v. Frasier, 78 Mo. Ill; Rogers v. Marsh, 73 Mo. 64; Doane v. Roane’s Heirs, 33 Yt. 650. (3) No…
1Opinion of the CourtBrace, J.
This is an action in ejectment for about •one hundred acres of land in Scotland county. In 1873 Charles Case died seized and possessed of a body of land in said county, containing four hundred and ninety-three acres on which he had theretofore resided with his family, leaving surviving him his widow, Malinda, and as his sole heirs eight children; two by his first wife, five by his second, and one by the said Malinda, who was his third wife. This last child, Elizabeth, afterwards intermarried with Charles F. Mitzenburg, and she and her husband are the defendants in this suit.
After the death of…
2Cases cited8 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Forder v. DavisSupreme Court of Missouri · 1866
- Rogers v. MarshSupreme Court of Missouri · 1880
- Hart v. SteedmanSupreme Court of Missouri · 1889
- Gragg v. GraggSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wheelock v. OvershinerSupreme Court of Missouri · 1892
- Hull v. McCrackenSupreme Court of Missouri · 1931
- Payne v. Daviess County Savings Ass'nMissouri Court of Appeals · 1907
- Miller v. ProctorSupreme Court of Missouri · 1932
- Ketchum v. ChristmanSupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.