Siemers v. Kleeburg
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. This is an action at law, and defendant Emeline’s separate estate can only be reached by equity. (See Eiley vs. McCord, 24 Mo., 265 ; 4 Kent’s Com., 192-5 ; Higgins vs. Peltzer, 49 Mo., 156 ; Bauer vs. Bauer, 40 Mo., 62.) II. Defendant, Emeline, upon the facts shown, did nothing to charge her separate estate, as the same was not derived from her husband.
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Error to St. Louis Circuit Court. I. This is an action at law, and defendant Emeline’s separate estate can only be reached by equity. (See Eiley vs. McCord, 24 Mo., 265 ; 4 Kent’s Com., 192-5 ; Higgins vs. Peltzer, 49 Mo., 156 ; Bauer vs. Bauer, 40 Mo., 62.) II. Defendant, Emeline, upon the facts shown, did nothing to charge her separate estate, as the same was not derived from her husband. (Kinner vs. Walsh, 44 Mo., 65.) In Lincoln vs. Eowe, (51 Mo., 571) the feme covert signed the note, thereby making the debt her own. III. The acknowledgment of the mortgage by Mrs. Klee-burg was so…
1Opinion of the CourtSherwood, Judge
In 1857, a certain tract of land situated in the county of St. Louis, was conveyed by Joseph‘Tlxibault and wife, to Fredexiclt C. Kleeburg “In trust for the following purposes; First, to receive and collect the rents, issues and profits of said property hereby conveyed, and after defraying the costs of repairs upon the same, and taxes and necessary expenses of said property, to pay the said rents, issues and profits to the said party of the third part (Emeline B. Kleeburg) for and during her natural life, upon the receipt of the third party and upon her receipt alone, without any control or…
2Cases cited5 opinions
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
- Delassus v. PostonSupreme Court of Missouri · 1854
- Lincoln v. RoweSupreme Court of Missouri · 1873
- West v. BestSupreme Court of Missouri · 1859
- Mitchell v. PeoplesSupreme Court of Missouri · 1870
3Cited by12 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Ryland v. BanksSupreme Court of Missouri · 1899
- Wood v. KiceSupreme Court of Missouri · 1890
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