Legal Opinion

Saunders v. Blythe

Supreme Court of Missouri

Decided October 31, 1892PublishedCited by 11 opinions

Appeal from Platte Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Husband and wife must convey by joint deed. Revised Statutes, 1889, sec. 2396; Bannells v. Isgrigg, 99 Mo. 30; Coe v. Bitter, 86 Mo. 285; Bannells v. Cerner, 80 Mo. 474. (2) Tbe delivery of tbe deed by plaintiff’s son was in obedience to tbe request of plaintiff’s husband, and not on any agreement or instructions on her part.

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Appeal from Platte Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Husband and wife must convey by joint deed. Revised Statutes, 1889, sec. 2396; Bannells v. Isgrigg, 99 Mo. 30; Coe v. Bitter, 86 Mo. 285; Bannells v. Cerner, 80 Mo. 474. (2) Tbe delivery of tbe deed by plaintiff’s son was in obedience to tbe request of plaintiff’s husband, and not on any agreement or instructions on her part. (3) The delivery of the deed by plaintiff’s son dated from the time it was put in bis bands in escrow, which was during tbe life of plaintiff’s husband. Carter v. Mills, 30 Mo. 432. (4) .The alleged…

1Opinion of the CourtBarclay, J.

Plaintiff's action is for the assignment of dower in lands formerly owned by her husband, W. D. Saunders. '

The pleadings need not be recited. The controlling facts are mutually admitted, except one in regard to which the difference will be indicated later.

The trial court found for defendants, and plaintiff appealed in due course.

The land in which plaintiff seeks to assert a right of dower was conveyed by her husband alone, by general warranty deed, to defendants, July 16,1885, forth© consideration of $2,500, of which $1,600 was paid in cash, and the balance was to be paid by the grantees in…

2Cited by11 opinions

  1. Hale v. StimsonSupreme Court of Missouri · 1906
  2. Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
  3. Loomis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
  4. Winter ex rel. Smith v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1898
  5. Jenkins v. EmmonsMissouri Court of Appeals · 1906

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