Perry v. Perryman
Supreme Court of Missouri
Appeal from St. Louis Land Court. The deed of April 8, 1835, was a good jointure, and is a bar to the widow’s dower, under the last clause of the 12th section of the act concerning dower, (R. C. 1845.) It is in the very words of the statute, unless it is necessary that the words “ for the jointure of the wife” should be inserted in the deed.
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Appeal from St. Louis Land Court. The deed of April 8, 1835, was a good jointure, and is a bar to the widow’s dower, under the last clause of the 12th section of the act concerning dower, (R. C. 1845.) It is in the very words of the statute, unless it is necessary that the words “ for the jointure of the wife” should be inserted in the deed. In the absence of these words, or words of similar import, in the deed, it may be alleged in the pleading, and proved at the trial, that the estate was, and was intended as a jointure, and to bar dower, as was done in this case. Vernon’s case, 4 Rep. 1.…
1Opinion of the CourtScott, Judge
This is a suit for the partition of the real estate of John Perry, deceased, begun by the respondents, Eliza M. Perry and others, his widow and a portion of his heirs, against the appellants, John T. Perry and others, heirs, and the representatives of the interest of the heirs of the deceased. John Perry died on the 4th day of September, 1850, without children, leaving the plaintiff, Eliza M. Perry, his widow, who claims, as her dower in the real estate sought to be divided, one undivided half of it, absolutely.
The defendants, by way of answer to the claim of the plaintiff, Eliza M. Perry,…
2Cited by13 opinions
- Rice v. WaddillSupreme Court of Missouri · 1902
- Mathis v. CraneSupreme Court of Missouri · 1950
- King v. KingSupreme Court of Missouri · 1904
- Farris v. ColemanSupreme Court of Missouri · 1890
- Coulter v. LydaMissouri Court of Appeals · 1903
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