Legal Opinion

Graves v. Cochran

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 7 opinions

Appeal from Boone Circuit Court. — Iíon. G. H. Burck-HARTT, Judge. This was a suit for partition of a tract of land in Boone county, belonging to the estate of William Cochran, deceased. Defendant was widow of deceased, and the premises in question had been their homestead.

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Appeal from Boone Circuit Court. — Iíon. G. H. Burck-HARTT, Judge. This was a suit for partition of a tract of land in Boone county, belonging to the estate of William Cochran, deceased. Defendant was widow of deceased, and the premises in question had been their homestead. Being found not to be susceptible of partition in kind, the property was sold by order of the court, bringing $7,900. Defendant, thereupon, moved the court to order the payment of $1,500 to her in lieu of her homestead right in the land, and that she be adjudged endowed of the residue of the purchase money as if the same…

1Opinion of the Court

Henry,

i. homestead and dower : dower, how computed: Northampton taWes-

— This case involves a construction of the homestead act in connection with that in relation to dower, Before the passage of the homestead act, the x ° 7 widow was entitled to be endowed of the third part of all the lands whereof her husband was seized of an inheritance, and in partition proceedings, if it became necessary to sell the land, she was entitled to an annuity equivalent to one-third of the proceeds of the sale during her life. Wag. Stat., § 31, p. 544; § 39, p. 978. The first section of the homestead act gives…

2Cited by7 opinions

  1. Gentry v. GentrySupreme Court of Missouri · 1894
  2. Schowe v. KallmeyerSupreme Court of Missouri · 1929
  3. Shoultz v. LeeSupreme Court of Missouri · 1914
  4. Smith v. StephensSupreme Court of Missouri · 1901
  5. Outcalt v. ApplebyNew Jersey Court of Chancery · 1882

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