Dumey v. Schœffler
Supreme Court of Missouri
Error to Chariton Circuit Court. In this suit John Dumey, claiming under the will of one Frederick Henneger, prays for a partition of certain lands, which he alleges passed to and became vested in himself and one Sarah Dumey, a defendant, under said will. Sarah Du-mey, by her guardian, answered, admitting the alleged right of plaintiff and making a similar prayer.
Read the full summary
Error to Chariton Circuit Court. In this suit John Dumey, claiming under the will of one Frederick Henneger, prays for a partition of certain lands, which he alleges passed to and became vested in himself and one Sarah Dumey, a defendant, under said will. Sarah Du-mey, by her guardian, answered, admitting the alleged right of plaintiff and making a similar prayer. Schceffler and Sarah his wife also answer, setting up the devise by Henneger to his wife Sarah, defendant in the present suit and wife of Schoef-fler. It is alleged in the answer that the said widow of Henne-gor took out letters of…
1Opinion of the CourtLeonard, Judge
Walsh v. Matthews and wife (11 Mo. 134), determined here in 1847, is a direct authority in point, and must control our present judgment. That case is not shaken by the subsequent case of Williams and Williams against Cowden, (13 Mo. 211,) from which it is clearly distinguishable. The first is a condition annexed by a husband to restrain the marriage of his widow, and the second by a father in restraint of the marriage of his daughter. Both were annexed to testamentary dispositions of real property ; and the first was allowed and the second declared to be unlawful as being against public…
2Cases cited5 opinions
- Vance v. Campbell's HeirsCourt of Appeals of Kentucky · 1833
- Williams v. CowdenSupreme Court of Missouri · 1850
- Phillips v. MedburySupreme Court of Connecticut · 1829
- Walsh v. MathewsSupreme Court of Missouri · 1847
- Shewel v. GivanIndiana Supreme Court · 1830
3Cited by9 opinions
- Stilwell v. KnapperIndiana Supreme Court · 1880
- Sullivan v. GarescheSupreme Court of Missouri · 1910
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Knost v. KnostSupreme Court of Missouri · 1910
- Foote v. FooteCourt of Appeals of Texas · 1934
4 more not listed; retrieve them via the Exa API.