Wilson v. Garaghty
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas — Hon. Hamilton G. Wilson, Judge. 1. Mrs. Garaghty is not a proper party defendant. There being in the deed to her no words of exclusion of marital interests, it was an individual estate, over which the husband claimed rights. Bauer v. Bauer, 40 Mo. 62;. Tillman v. Tillman, 50 Mo. 41; Paul v. Leavitt, 53 Mo. 598; Valle v. Obenhause, 62 Mo. 85. As the only tenant in possession he was the proper party to be sued.
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Appeal from Cape Girardeau Court of Common Pleas — Hon. Hamilton G. Wilson, Judge. 1. Mrs. Garaghty is not a proper party defendant. There being in the deed to her no words of exclusion of marital interests, it was an individual estate, over which the husband claimed rights. Bauer v. Bauer, 40 Mo. 62;. Tillman v. Tillman, 50 Mo. 41; Paul v. Leavitt, 53 Mo. 598; Valle v. Obenhause, 62 Mo. 85. As the only tenant in possession he was the proper party to be sued. Adams on Ejectment, Waterman’s notes, p. 889, § 327; p. 24; p. 233. Iler participation m holding the land, will be deemed his act.…
1Opinion of the Court
Sherwood, C. J. —
1. Ejectment for wife’s land: husband only proper party defendant, when. We are all agreed that this ejectment should have been brought against the husband alone, as it is clear from the deeds adduced in evidence thatthough at one timehis wife, Louisiana,m consequence of the conveyance of her husband to her, possessed an equitable separate estate in the land, yet that in consequence of the subsequent con*519veyance by them to Patrick Garaghty, and of his reconveyance to the wife, without the use of any words except those ordinarily employed in conveyances, that the wife had no…
2Cases cited2 opinions
- Hunt v. ThompsonSupreme Court of Missouri · 1875
- Boal v. MorgnerSupreme Court of Missouri · 1870
3Cited by8 opinions
- Gray v. DrydenSupreme Court of Missouri · 1883
- Arnold v. WillisSupreme Court of Missouri · 1895
- Powell v. PowellSupreme Court of Missouri · 1916
- Rust v. GoffSupreme Court of Missouri · 1887
- State ex rel. Schonhorst v. HenningMissouri Court of Appeals · 1887
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