Carey v. West
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The widow has the right, until dower is assigned, to occupy and enjoy the mansion house of her husband and the messuages thereto belonging, and can defeat ejectment brought against her. 1 R. S. 1855, sec. 21, p. 672; R. S. 1889, sec. 4533; Holmes v. Kring, 93 Mo. 452, loe. cit. 458; Gentry v. Gentry, 122 Mo. 202. (2) Dower must be assigned according to the law in force at the date of the husband’s death…
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The widow has the right, until dower is assigned, to occupy and enjoy the mansion house of her husband and the messuages thereto belonging, and can defeat ejectment brought against her. 1 R. S. 1855, sec. 21, p. 672; R. S. 1889, sec. 4533; Holmes v. Kring, 93 Mo. 452, loe. cit. 458; Gentry v. Gentry, 122 Mo. 202. (2) Dower must be assigned according to the law in force at the date of the husband’s death (1862) which was before the passage of the homestead act. Walker v. Heaver, 79 Mo. 664. (3) No legal or equitable title…
1Opinion of the CourtBurgess, J.
This is a proceeding, under the statute, by three of the daughters and heirs at law of Enoch Harrington, deceased, who died in April, 1862, against his widow, Sarah M. West, his other children and heirs at law, Tobitha Boyd and Wm. Enoch Harrington, and the other defendants, the vendees of Mrs. West, to have the widow’s dower assigned in land of which said Enoch Harrington died seized, lying and being in Greene county, Missouri, and upon which was his mansion house at the time of his death, to wit: The southeast quarter of the northeast quarter of section 16, and the northeast quarter of the…
2Cases cited14 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Jones v. ManlySupreme Court of Missouri · 1875
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Agan v. ShannonSupreme Court of Missouri · 1890
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3Cited by10 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- Westmeyer v. GallenkampSupreme Court of Missouri · 1900
- Phillips v. PressonSupreme Court of Missouri · 1903
- Willoughby v. BrandesSupreme Court of Missouri · 1927
- Graham v. StaffordMissouri Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.