Grady v. McCorkle
Supreme Court of Missouri
•Appealfrom, Howard Circuit Court. I. The court will not estop a widow in her claim for dower by proceedings at law, unless it is manifest that the question in relation to her rights was properly adjudicated. (52 Mo., p. 93.) ~ ' ■ I. The matter of the widow’s dower estate was distinctly in issue, and was actually passed on in the former suit, and the question is res judicata. (Freem. Judgm., § 216, el seq.) LI.
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•Appealfrom, Howard Circuit Court. I. The court will not estop a widow in her claim for dower by proceedings at law, unless it is manifest that the question in relation to her rights was properly adjudicated. (52 Mo., p. 93.) ~ ' ■ I. The matter of the widow’s dower estate was distinctly in issue, and was actually passed on in the former suit, and the question is res judicata. (Freem. Judgm., § 216, el seq.) LI. One object of the proceeding was to have the value of the land determined so that it might be charged against Leonard Grady, his widow and heirs, as an advancement. The determination…
1Opinion of the Court
WagNER. Judge,
delivered the opinion of the court.
This was a suit'commenced in the Circuit Court of Howard county, against the defendants, the widow and heirs of Leonard Grady, deceased, for the assignment of dower in certain real estate. From the record it appears, that in the year 1859, William Grady, the plaintiff’s husband, unas seized of the land in controversy, and agreed with his son, Leonard Grady, that if he would go on the land and improve it, he would convey the same to him by deed, by way of advancement, and charge him with its value at the time ho took possession.
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2Cases cited1 opinion
- Crenshaw v. CreekSupreme Court of Missouri · 1873
3Cited by19 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Butler v. FitzgeraldNebraska Supreme Court · 1895
- Blevins v. SmithSupreme Court of Missouri · 1891
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