Clay v. Mayr
Supreme Court of Missouri
Appeal from Be Kalb Circuit Court. — Hon. William S. Herndon, Judge. (1) The evidence shows that the money with which the defendants purchased the land in suit was given Mrs. Mayr by her father; this under section 3296-of Revised Statutes 1889, became her separate property. Schouler on Dom.
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Appeal from Be Kalb Circuit Court. — Hon. William S. Herndon, Judge. (1) The evidence shows that the money with which the defendants purchased the land in suit was given Mrs. Mayr by her father; this under section 3296-of Revised Statutes 1889, became her separate property. Schouler on Dom. Rel. [4 Ed.], secs. 114 and 115; Owings v. Wiggins, 133 Mo. 633. (2) The property in controversy having been acquired by Mrs. Mayr’s separate property, it took the place of the money and became, in equity, her separate property, notwithstanding the deed by which she held the legal title was a common law…
1Opinion of the CourtSherwood, J.
Ejectment suit for certain land in De Kalb county, begun in 1895. In January, 1886, Otto Mayr bought the land from Wills and wife, paying therefor with money received from the father of Mary Mayr, his wife, and taking the deed in ordinary general warranty form without more.
After admitting possession, the answer consisted of a general denial. The evidence on behalf of plaintiffs was to the effect that Mr. Clay bought the land from Mrs. Mayr and paid her for it; that Mrs. Mayr executed and acknowledged and delivered the deed to Mrs. Clay, but that Mr. Mayr not being present Mrs. Clay took the…
2Cases cited4 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Bartlett v. BallSupreme Court of Missouri · 1897
3Cited by9 opinions
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Ables v. WebbSupreme Court of Missouri · 1905
- Phillips v. Butler CountySupreme Court of Missouri · 1905
- Clay v. MayerSupreme Court of Missouri · 1904
- Miles v. MilesSupreme Court of Oklahoma · 1918
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