Martin v. Trail
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard-Field, Judge. (1) The property in controversy having been a reversion in Mary T. Graves, wife of George L. Trail, supported and preceded by the life estate of Elizabeth Graves, which life estate did not terminate during the coverture, there was no such seizin in the wife or husband as entitled the husband to curtesy. Williams on Real Property [4 Ed.], p. 219; Broom, Leg.
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Appeal from Lafayette Circuit Court. — Hon. Richard-Field, Judge. (1) The property in controversy having been a reversion in Mary T. Graves, wife of George L. Trail, supported and preceded by the life estate of Elizabeth Graves, which life estate did not terminate during the coverture, there was no such seizin in the wife or husband as entitled the husband to curtesy. Williams on Real Property [4 Ed.], p. 219; Broom, Leg. Mas., p. 190; 4 Kent’s Com. [7 Ed.], star p. 29 and 30; Tiedeman, Real Prop. [1 Ed.], p. 108; Washburn, Real Prop. [5 Ed.], p. 183; 1 Bishop, Law of Married Women, 489,497;…
1Opinion of the CourtMacfarlane, J.
This is an action of ejectment. The petition is in the.usual form. The defendants answer separately. Defendant Trail denies the right of plaintiff to the possession of the land. Two of. the other defendants answer separately that each is in possession of a separate part of the land as tenants of defendant Trail. The third disclaims ány possession or right to possession.
The judgment was for defendants and plaintiffs prosecute this appeal.
The principal facts are matters of record or stand admitted. They are these: John Graves dies intestate prior to December 12, 1853, seized of a large tract of…
2Cases cited13 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Reaume v. ChambersSupreme Court of Missouri · 1855
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- Cornwell v. OrtonSupreme Court of Missouri · 1895
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3Cited by7 opinions
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