Starr v. Bartz
Supreme Court of Missouri
Appeal from Bates Circuit Court. — lion. Chas. A. Denton, Judge. (1) (a) At common law, and before the enactment of Sec. 4335, R. S. 1899, a married woman could not be estopped in pais in respect to her real estate, because she could not convey nor contract for the conveyance of the same, expressly; and it was held that she could not do by implication or estoppel that which she could not do by express contract. Muller y.
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Appeal from Bates Circuit Court. — lion. Chas. A. Denton, Judge. (1) (a) At common law, and before the enactment of Sec. 4335, R. S. 1899, a married woman could not be estopped in pais in respect to her real estate, because she could not convey nor contract for the conveyance of the same, expressly; and it was held that she could not do by implication or estoppel that which she could not do by express contract. Muller y. Kaess-mann, 84 Mo. 329. (b) This decision was rendered in 1884. Since that time, and in Í889, the statute relative to the rights and powers of married women with respect to…
1Opinion of the Court
VALLIANT, J. —
From the plaintiffs’ petition, as set out in the abstract, it is not entirely clear what kind of a suit this was intended to be. Plaintiffs in their brief say the petition is in two counts, but if so some of it has been omitted from the abstract, as it is evident some of the judgment or decree has also been omitted both from the abstract and from the short transcript on which the cause was brought to this court. But the suit was tried on the theory that it was a suit for the partition of land and as both parties seem to acquiesce in that view of the case and as the petition is…
2Cases cited10 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Hope v. BlairSupreme Court of Missouri · 1891
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Fox v. HallSupreme Court of Missouri · 1881
- Whitsett v. WamackSupreme Court of Missouri · 1900
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3Cited by10 opinions
- Dressel v. WeeksAlaska Supreme Court · 1989
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- Arnett v. StephensCourt of Appeals of Kentucky · 1923
- McAboy v. PackerSupreme Court of Missouri · 1945
- Crismond v. KendrickSupreme Court of Missouri · 1930
5 more not listed; retrieve them via the Exa API.