Valle v. Obenhause
Supreme Court of Missouri
Error io St. Louis Circuit Court. During the joiut lives of the husband and wife, the right of possession was in him alone; and during that period the wife has only a reversionary interest; and where he has the curtesy initiate by the birth of a child, his interest may be conveyed, or assigned, or sold under execution. And the statute of limitations does not begin to run against the wife till bis death.
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Error io St. Louis Circuit Court. During the joiut lives of the husband and wife, the right of possession was in him alone; and during that period the wife has only a reversionary interest; and where he has the curtesy initiate by the birth of a child, his interest may be conveyed, or assigned, or sold under execution. And the statute of limitations does not begin to run against the wife till bis death. (See Gregg vs. Tesson, 1 Black, 154; Warrance vs. Alexander, 17 Mo., 228 ; Bryan vs. Wear & Hickman, 4 Mo., 106 ; Beal vs. Harmon, 38 Mo., 435 ; Reaume vs. Chambers, 22 Mo., 36; Junction…
1DissentPee Hough, Judge
Being unable to concur in. the opinion of my associates, that the plaintiff in this case was barred by the statute of limitations, I deem it proper, inasmuch as the question involved is one of the gravest importance, to give my reasons for entertaining a different opinion.
Angelique and Hyacinth Pigeon were married in the year 1815. In 1816, and afterwards, they had issue born alive, capable of inheriting. In April, 1816, Angelique acquired the legal title to the land in controversy. In 1824 the adverse possession of the defendants began, and has continued ever since.
Hyacinth Pigeon died in…
2Cases cited6 opinions
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Clement Woodward, in Error v. James Brown, and Sarah Jane, His Wife, in ErrorSupreme Court of the United States · 1839
- Shortall v. HinckleyIllinois Supreme Court · 1863
- Neal v. RobertsonCourt of Appeals of Kentucky · 1834
- Ellenmann v. ThompsonSupreme Court of Missouri · 1847
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