Riley v. Clamorgan & Rippey
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. STATEMENT OE THE CASE. Mary Eiley sued Clamorgan & Eippey in dower The premises are two lots in the city of St, Louis, one hundred feet front by one hundred and fifty feet deep, of which, however, the dowries husband owned only an undivided two thirds. The premises were improved and not susceptible of divisions. The dowress did not claim dower in the improvements, the premises being aliened by the husband in his life time.
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ERROR to St. Louis Circuit Court. STATEMENT OE THE CASE. Mary Eiley sued Clamorgan & Eippey in dower The premises are two lots in the city of St, Louis, one hundred feet front by one hundred and fifty feet deep, of which, however, the dowries husband owned only an undivided two thirds. The premises were improved and not susceptible of divisions. The dowress did not claim dower in the improvements, the premises being aliened by the husband in his life time. There was no dispute as to the right of dower in the lands. The only point presented for the decision of the supreme court is, as to the…
1Opinion of the CourtGamble, J.
In addition to the statement made by counsel it is necessary the case should show the fact, that no evidence was given as to any increase or diminution in the value of the property in which dower is claimed or in its yearly Value, since the alienation by the plaintiff’s husband.
The only question, then, presented is, what rule is to be adopted in computing “the yearly value of the widow’s dower in the premises,” when they are not susceptible of division, and when she is to take an annual sum in lieu of dower, under the 28 and 29 sections of the act concerning dower: Rev. Code 435.
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2Cases cited1 opinion
- Beavers v. SmithSupreme Court of Alabama · 1847
3Cited by8 opinions
- Rannels v. Washington UniversitySupreme Court of Missouri · 1888
- Griffin v. ReganSupreme Court of Missouri · 1883
- Henderson v. ChairesSupreme Court of Florida · 1895
- Reily v. BatesSupreme Court of Missouri · 1867
- Bartlett v. BallMissouri Court of Appeals · 1902
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