McCrillis v. Thomas
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». Hugh C. Dabbs, Judge. (1) Not having been made a party, nor served with notice to appear and defend the dower suit, the defendant was not in any way affected by the judgment. Plaintiff, therefore, had no right to recover any part of the money paid in extinguishment of the dower interest. Walker v. Deaver, 79 Mo, 664; Leet v. Gratz, 92 Mo.
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Appeal from Jasper Circuit Court. — Ho». Hugh C. Dabbs, Judge. (1) Not having been made a party, nor served with notice to appear and defend the dower suit, the defendant was not in any way affected by the judgment. Plaintiff, therefore, had no right to recover any part of the money paid in extinguishment of the dower interest. Walker v. Deaver, 79 Mo, 664; Leet v. Gratz, 92 Mo. App. 422; Long v. Wheeler, 84 Mo<. App. 106. The record of the proceedings in Chrisman v. Allen for the recovery of the dower being res inter alios acta, was not admissible in the case for any purpose whatever. Walker…
1Opinion of the CourtJohnson, J.
— This is an action under a covenant against encumbrance contained in a warranty deed which was executed and delivered by defendant to plaintiff on August 12, 1875, and in which certain real estate in the city of Carthage was conveyed. On June 27, 1879, plaintiff by warranty deed conveyed the same land to Charles C. Allen. In 1865 the land was levied upon under two writs of attachment issued in suits brought against Leander H. Crisman, who was then the owner thereof. These suits ripened into judgments; executions were issued, the land sold thereunder and sheriffs’ deeds executed and delivered…
2Cases cited14 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Malloney v. . HoranNew York Court of Appeals · 1872
- Blain v. HarrisonIllinois Supreme Court · 1849
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Wheelock v. OvershinerSupreme Court of Missouri · 1892
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3Cited by4 opinions
- Lemon v. LemonSupreme Court of Missouri · 1918
- Rice v. CookMissouri Court of Appeals · 1909
- United States v. WaiteCourt of Appeals for the Eighth Circuit · 1929
- United States v. WaiteCourt of Appeals for the Eighth Circuit · 1929