Long v. Kansas City Stock-Yards Co.
Supreme Court of Missouri
Appeal from, Jaolcson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in refusing declaration of law, numbered 4, asked by plaintiff, which declares that a widow’s claim of dower is not barred by making her a party in specific performance proceedings against her husband or his heirs, unless dower is especially adjudicated, although she may be sued .and decree be rendered against her, as well as the heirs. That is surely the law.
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Appeal from, Jaolcson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in refusing declaration of law, numbered 4, asked by plaintiff, which declares that a widow’s claim of dower is not barred by making her a party in specific performance proceedings against her husband or his heirs, unless dower is especially adjudicated, although she may be sued .and decree be rendered against her, as well as the heirs. That is surely the law. Crady v. MeCorTcle, 57 Mo. 172; Williams v. Courtney, 77 Mo; 588; 2 Black on Judg., secs. 611, 617, pp. 733, 743 ; Freeman on Judg. [2 Ed.] secs. 303,…
1Opinion of the CourtGantt, P. J.
The action is ejectment for lot 3 in block 5 and lots 10 and 11 in block 9, Skiles & Western’s addition to Kansas City. The petition contains three counts, one for each lot. The answer admits the possession but denies all other allegations. Plaintiff sues as husband of Juliette, formerly wife of Western.
It was admitted that Skiles and Wm. W. Western, the latter formerly husband of the said Juliette, was the common source of title to the whole of Skiles & Western’s addition. On June 21, 1869, W. W. Western and wife Juliette made to one, J. F. Kinney, a power of attorney authorizing him to sell…
2Cases cited8 opinions
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Mabary v. DollarhideSupreme Court of Missouri · 1889
- McClanahan v. PorterSupreme Court of Missouri · 1847
- Allen v. MansfieldSupreme Court of Missouri · 1884
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3Cited by7 opinions
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
- Boynton v. SalingerSupreme Court of Iowa · 1910
- Norman v. State Department of Public Health & WelfareMissouri Court of Appeals · 1955
2 more not listed; retrieve them via the Exa API.