Colvin v. Hauenstein
Supreme Court of Missouri
Appeal from Miller Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant Hauenstein having received a quitclaim deed from the widow of Thomas Cox which purported to convey her dower interest, and having taken possession of the land in controversy, under said deed, cannot now set up the claim that he holds the land adversely to the heirs of Thomas Cox. First.
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Appeal from Miller Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant Hauenstein having received a quitclaim deed from the widow of Thomas Cox which purported to convey her dower interest, and having taken possession of the land in controversy, under said deed, cannot now set up the claim that he holds the land adversely to the heirs of Thomas Cox. First. Section 4514, Revised Statutes, 1889, gives the assignee of a widow’s dower interest a right to an action at law, for the assignment in his own name of the dower interest purchased, while prior to that statute we had to resort to…
1Opinion of the CourtBlack, J.
This was a suit for the partition of three hundred and twenty acres of land in Miller county. The trial court, at the instance of the defendant Hauenstein, sustained a demurrer to the evidence produced, by the plaintiffs and dismissed the suit, and the plaintiffs appealed. To an understanding of the points raised on this appeal it is necessary to recite the facts with some detail.
There are twelve or thirteen plaintiffs, six of whom •are minors. The plaintiffs and four of the defendants are the heirs of Thomas Cox, deceased. William Hauenstein, the other defendant, filed a separate answer, and…
2Cases cited9 opinions
- Hickman v. LinkSupreme Court of Missouri · 1888
- Brown v. MooreSupreme Court of Missouri · 1881
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Shepperd v. FisherSupreme Court of Missouri · 1907
- Waddle v. FrazierSupreme Court of Missouri · 1912
- Coberly v. CoberlySupreme Court of Missouri · 1905
6 more not listed; retrieve them via the Exa API.