Venable v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Cowrt. — Hon. Gr. D. Buegess, Judge. The plaintiff by her petition herein claims dower in a strip of ground one hundred feet wide and two hundred and seventy-five rods long, which the defendant company - occupies as a right of way, and as incident to such claim she asks damages because of being deforced of her dower; this is, in substance, the first count of her petition.
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Appeal from Chariton Circuit Cowrt. — Hon. Gr. D. Buegess, Judge. The plaintiff by her petition herein claims dower in a strip of ground one hundred feet wide and two hundred and seventy-five rods long, which the defendant company - occupies as a right of way, and as incident to such claim she asks damages because of being deforced of her dower; this is, in substance, the first count of her petition. The second count of the petition seeks to recover damages by reason of the railroad of the defendant dividing the farm into two irregular parcels, thereby impairing its value, and by reason of…
1Opinion of the CourtSherwood, C. J.
I. The first and the controlling question the record presents is whether the plaintiff is. entitled to demand dower in the defendant company’s, right of way.
Touching the validity of such a demand in the circumstances similar to those here related, an author of recognized authority says: "First. In the time of Henry III. the great charter of King John was so amended as to withhold from the widow the privilege of quarantine in the castle of her husband. ‘This,’ says. Lord Coke, ‘is intended of a castle that is warlike, and maintained for .the necessary defense of the realm, and not for a castle…
2Cases cited11 opinions
- Olcott v. SupervisorsSupreme Court of the United States · 1873
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Swan v. WilliamsMichigan Supreme Court · 1852
- Scanlan v. ChildsWisconsin Supreme Court · 1873
- Canty v. LatternerSupreme Court of Minnesota · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
34 more not listed; retrieve them via the Exa API.