Roberts v. Nelson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F.. G-eio-er, Judge. (1) If this action is under the dower law the circuit-court of Greene county had no jurisdiction of the case. See section 4, page 58, local laws of the state of Missouri, 1855, published in 1865, giving the probate court of Greene county the exclusive original jurisdiction in probate of wills and assignment of deeds.
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Appeal from Greene Circuit Court. — Hon. W. F.. G-eio-er, Judge. (1) If this action is under the dower law the circuit-court of Greene county had no jurisdiction of the case. See section 4, page 58, local laws of the state of Missouri, 1855, published in 1865, giving the probate court of Greene county the exclusive original jurisdiction in probate of wills and assignment of deeds. (2) This being an action of ejectment the cause could not be revived in, name of administrator of Aletha J. Roberts. (3) The judgment, if at all, should be for only one-third of the amount proved and special against…
1Opinion of the CourtBlack, J.
— 1. This was an action of ejectment. On the trial the death of W. Gr. Roberts, the common *25source of title, (was admitted. It was also conceded that Aletha was his widow and that no dower had ever been assigned to her. The proof is conclusive that she continued to reside on the home place of the deceased and that the lands in question constituted a part thereof. She had the right to remain in and enjoy the mansion house, messuages and plantation thereto belonging, until dower was assigned to her. R. S., 1855, p. 672, sec. 21. This right can only be terminated by the assignment of dower.…
2Cases cited7 opinions
- Jones v. ManlySupreme Court of Missouri · 1875
- Brown v. MooreSupreme Court of Missouri · 1881
- Henry v. LaneSupreme Court of Missouri · 1830
- Miller v. TalleySupreme Court of Missouri · 1871
- Orrick v. PrattSupreme Court of Missouri · 1863
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3Cited by15 opinions
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- Sherwood v. BakerSupreme Court of Missouri · 1891
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