Wilkinson v. Rozier
Supreme Court of Missouri
Appeal from Ferry Circuit Court. 1. On the death of Marie Pratte, the community created by the marriage contract was dissolved, and one half of the community property became, by title absolute and irrevocable, the property of her heirs, subject 'only to the payment of the community debts. 2. During the existence of the community, the husband was the agent through whom the property was to be applied to the payment of the community debts ; but after its dissolution by the…
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Appeal from Ferry Circuit Court. 1. On the death of Marie Pratte, the community created by the marriage contract was dissolved, and one half of the community property became, by title absolute and irrevocable, the property of her heirs, subject 'only to the payment of the community debts. 2. During the existence of the community, the husband was the agent through whom the property was to be applied to the payment of the community debts ; but after its dissolution by the death of the wife, the application could not be mado by the husband, but must be made by the intervention of the law.…
1Opinion of the CourtScott, Judge
This was an action in the nature of an ejectment, to recover possession of lands to which the plaintiffs allege they are entitled. The defendant denies the right of the'plaintiffs, and derives title to the premises through the father of the plaintiffs. The claim of the plaintiffs rests on a marriage contract entered into between Joseph Pratte and Marie Valle, their ancestors, on the 4th February, 1797, at the village of Ste. Genevieve. By this contract, it was stipulated that all acquisitions made during the marriage should enter into and become a part of the. community property, and on the…
2Cases cited1 opinion
- McNair v. DodgeSupreme Court of Missouri · 1842
3Cited by1 opinion
- State ex rel. Morrison's Administrator v. St. Gemme's AdministratorSupreme Court of Missouri · 1860