Genoway v. Maize
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. Jas. H. Lay, Judge. (1) Peter E. Genoway’s acknowledgment of deed dated December 27, 1865, before a justice of tbe peace in Ohio, was a nullity as to appellant. Bisbop v. Schneider, 46 Mo. 480; Bagby v. Emerson, 79 Mo. 139. Said instrument so acknowledged failed in the requisites of admission to record. There was no law authorizing it to be recorded.
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Appeal from Henry Circuit Court. — Hon. Jas. H. Lay, Judge. (1) Peter E. Genoway’s acknowledgment of deed dated December 27, 1865, before a justice of tbe peace in Ohio, was a nullity as to appellant. Bisbop v. Schneider, 46 Mo. 480; Bagby v. Emerson, 79 Mo. 139. Said instrument so acknowledged failed in the requisites of admission to record. There was no law authorizing it to be recorded. Appellant’s subsequent acknowledgment thereof before the circuit clerk of Henry county did not bring the deed within the statutory requirements for the conveyance of her inchoate dower interest. Separate…
1Opinion of the CourtGantt, J.
This is an action for the assignment of dower in certain lands in Henry county, Missouri. Since the appeal to this court the defendant has died and the cause has been properly revived against his executrix, Mrs. Bettie Maize.
The petition alleges the marriage of plaintiff to Peter E. Genoway, July 31, 1833, and that said Peter and plaintiff continued to live together as husband and wife until the death of Peter Genoway on July 8, 1896; that during said marriage said Peter Genoway was seized of an estate of inheritance in the northeast quarter of section 34, township 44, range 26, and the south…
2Cases cited7 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Tatum v. City of St. LouisSupreme Court of Missouri · 1894
- Bagby v. EmbersonSupreme Court of Missouri · 1883
- Goff v. RobertsSupreme Court of Missouri · 1880
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
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3Cited by2 opinions
- Graves v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1908
- Brown v. KoenigMissouri Court of Appeals · 1903