Lee v. Lindell
Supreme Court of Missouri
Error to St. Louis Land Court. Petition by the widow of Elliott Lee for dower. The plaintiff was married to Lee in 1824, in St. Louis. He died in 1851, without issue. From 1825 to 1887, he was seized in fee as tenant in common with others of the land in which dower was claimed. In 1836, a petition was filed for a partition of the land among the .parties interested, according to their respective interests. The plaintiff was not a party to this suit, though her husband was.
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Error to St. Louis Land Court. Petition by the widow of Elliott Lee for dower. The plaintiff was married to Lee in 1824, in St. Louis. He died in 1851, without issue. From 1825 to 1887, he was seized in fee as tenant in common with others of the land in which dower was claimed. In 1836, a petition was filed for a partition of the land among the .parties interested, according to their respective interests. The plaintiff was not a party to this suit, though her husband was. The proceedings resulted in a sale of the land under an order of court, to Jesse G. Lindell. A demurrer to the petition,…
1Opinion of the CourtScott, Judge
It is an incident to an estate held in common, that the tenant can be compelled to make partition. The estate must be acquired before dower can attach, and when it does attach to such an estate, it is taken subject to the contingency of a partition. (Potter v. Wheeler, 13 Mass. 506.) When it is established that a proceeding in partition is binding on the wife, and confines her right to dower in the lot assigned to her husband, it would seem to follow as a consequence, that she would be bound, however the proceedings might eventuate, whether in a portion of the land being allotted to her…
2Cited by16 opinions
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Haggerty v. WagnerIndiana Supreme Court · 1897
- Boone v. BooneSupreme Court of Iowa · 1912
- Hinds v. StevensSupreme Court of Missouri · 1870
- Teckenbrock v. McLaughlinSupreme Court of Missouri · 1912
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