Hinds v. Stevens
Supreme Court of Missouri
Error to First District Court. Sale of land in partition unquestionably divests the inchoate dower of the wife. (Lee v. Lindell, 22 Mo. 202; Jackson v. Edwards, 22 Wend. 498.) If the sale takes place after the husband’s death, she would have the same Interest in the money as though it were received by her husband while living.
Read the full summary
Error to First District Court. Sale of land in partition unquestionably divests the inchoate dower of the wife. (Lee v. Lindell, 22 Mo. 202; Jackson v. Edwards, 22 Wend. 498.) If the sale takes place after the husband’s death, she would have the same Interest in the money as though it were received by her husband while living. Her interest in the money would attach at his death, just as that right or interest would attach to the parcel of land were it assigned him in the partition. Plaintiff’s right of dower having attached before the sale of the land to which this right attached, it could…
1Opinion of the CourtBliss, Judge
In 1859, the husband of plaintiff, and others, filed their petition for partition in the lands belonging to their father’s estate, and after the usual order of partition and report of commissioner that the property could not be divided without great prejudice, etc., at the October term, 1862, final judgment was rendered that the lands be sold, and the proceeds divided. After the judgment and before the sale, the husband of plaintiff dies, and the record does not show what was done with the proceeds of the sale. The present plaintiff now comes into court and presents her petition for dower in…
2Cases cited2 opinions
- Lee v. LindellSupreme Court of Missouri · 1855
- Durham v. DarbySupreme Court of Missouri · 1864
3Cited by13 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Haggerty v. WagnerIndiana Supreme Court · 1897
- Carson v. HeckeSupreme Court of Missouri · 1920
- Murray v. YatesSupreme Court of Missouri · 1880
8 more not listed; retrieve them via the Exa API.