State ex rel. Schonhorst v. Henning
Missouri Court of Appeals
Appeal from tfie St. Louis Circuit Court, Shepard Bakclay, Judge. As to the wife’s lands, held by her at law, her possession was the possession of her husband, and she is not a necessary party defendant, in possessory actions, to recover it. Bledsoe v. Sims, 53 Mo. 305; Wilson v. Garaghty, 70 Mo. 517; Gray «. JDryden, 79 Mo. 106. A leasehold, acquired prior to 1875, belongs to the husband absolutely, and no possession of any character whatever can be attributed to the wife.
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Appeal from tfie St. Louis Circuit Court, Shepard Bakclay, Judge. As to the wife’s lands, held by her at law, her possession was the possession of her husband, and she is not a necessary party defendant, in possessory actions, to recover it. Bledsoe v. Sims, 53 Mo. 305; Wilson v. Garaghty, 70 Mo. 517; Gray «. JDryden, 79 Mo. 106. A leasehold, acquired prior to 1875, belongs to the husband absolutely, and no possession of any character whatever can be attributed to the wife. Guinn v. Sinclair, 52 Mo. 327. The premises sued for were occupied by the husband as his domicile, and made the wife’s…
1Opinion of the CourtRombauer, J.
The question presented by this record is almost purely a question of law, there being little, if any, conflict in the testimony. The action is upon a constable’s bond, for a breach caused by his alleged official misconduct in not executing a writ of restitution, which was duly issued in-an unlawful detainer case, in favor of the plaintiff, and against one Frederick Wassmund.
It appeared in evidence that the property consisted of a leasehold, occupied by Frederick Wassmund and his wife, Johanna, as a home. The leasehold was originally held by one Schneider, for a term expiring in 1879, but was,…
Also in this document: Concurrence.
2Cases cited7 opinions
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Gray v. DrydenSupreme Court of Missouri · 1883
- Messenger v. MessengerSupreme Court of Missouri · 1874
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
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3Cited by2 opinions
- State ex rel. Schonhorst v. HenningSupreme Court of Missouri · 1892
- State ex rel. Schonhorst v. HenningMissouri Court of Appeals · 1893