Payne v. Dotson
Supreme Court of Missouri
Appeal from Gass Circuit Court.—Non. Noah M. Gtvan, Judge. .The court erred in refusing the declarations of law asked by the defendants. The marriage of Eliza Childress to Payne was illegal and void, and rendered her liable to prosecution for bigamy. R. S., §§ 1533, 1534. The marriage of plaintiffs being void, their living and cohabiting with each other was adulterous. R. S., § 2204. Adultery is the main offense which causes the forfeiture of dower.
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Appeal from Gass Circuit Court.—Non. Noah M. Gtvan, Judge. .The court erred in refusing the declarations of law asked by the defendants. The marriage of Eliza Childress to Payne was illegal and void, and rendered her liable to prosecution for bigamy. R. S., §§ 1533, 1534. The marriage of plaintiffs being void, their living and cohabiting with each other was adulterous. R. S., § 2204. Adultery is the main offense which causes the forfeiture of dower. McAllister v. Novenger, 54 Mo. 251; Dusk v. Dusk, 28 Mo. 91; Bostock v. Smith, 34 Beav. 57; Wood-card v. Dowse, 10 C. B. (N. S.) 722. The fact…
1Opinion of the Court
Ewing, C.
This was a suit for dower, in which the plaintiff alleged she was married to Jas L. Childress in May, 1851. That he died in 1879 seized of certain real estate, describing it, in which she had never relinquished her dower; that she and her co-plaintiff were lawfully married; and that the defendants were in possession of the land, and prays that her dower may be assigned.
Defendants answered, alleging that plaintiff is not *147entitled to dower; that she is not lawfully married to her co-plaintiff; that in 1862 Childress joined the Confederate army; that plaintiff, his wife, went away…
2Cases cited1 opinion
- McAlister v. NovengerSupreme Court of Missouri · 1873
3Cited by4 opinions
- Hoyt v. DavisMissouri Court of Appeals · 1886
- Morello v. CantalupoNew Jersey Court of Chancery · 1920
- Wilson v. CraigSupreme Court of Missouri · 1903
- Leavy v. CookMissouri Court of Appeals · 1902