Legal Opinion

Chouteau v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 28, 1894PublishedCited by 45 opinions

Appeal from -Jackson Circuit Court. — Hon James Gibson, Judge. Action for assignment of dower. The plaintiff and Pierre M. Chouteau were married in 1849; he died in 1885, and during the marriage was seized in fee of the undivided one-half of some twenty lots situated in Kansas City, Missouri.

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Appeal from -Jackson Circuit Court. — Hon James Gibson, Judge. Action for assignment of dower. The plaintiff and Pierre M. Chouteau were married in 1849; he died in 1885, and during the marriage was seized in fee of the undivided one-half of some twenty lots situated in Kansas City, Missouri. In June, 1850, he, being seized of the fee in the premises, conveyed without warranty his half interest in the property-to Berenice P. Chouteau, but his wife did not join in the conveyance. In July, 1853, Berenice E. Chouteau conveyed the same' to Joseph Guinotte, and in March, 1867, conveyed in fee the…

1Opinion of the CourtShebwood, J.

Upon the foregoing facts the only question raised by the record is, whether the plaintiff is dowable in the litigated property.

Quite recently in this court the subject has been discussed at‘ large, whether a widow was entitled to dower in land which her husband alone had, for a consideration of $1 never paid, conveyed to a railroad company *384for a right of way; and, though at first it was held in division number one of this court that she was thus dowable (Venable v. Railroad, 19 S. W. Rep. 45), yet, upon transfer of that cause to court in banc, it was determined, after an extensive examination…

2Cases cited15 opinions

  1. United States v. BabbitSupreme Court of the United States · 1862
  2. Randall v. KreigerSupreme Court of the United States · 1875
  3. Kellogg v. MalinSupreme Court of Missouri · 1872
  4. Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
  5. Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893

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3Cited by45 opinions

  1. Abercrombie v. SimmonsSupreme Court of Kansas · 1905
  2. Perry v. StrawbridgeSupreme Court of Missouri · 1908
  3. Stevens v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1919
  4. Benton v. City of St. LouisSupreme Court of Missouri · 1909
  5. Glosemeyer v. United StatesUnited States Court of Federal Claims · 2000

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