Bartlett v. Tinsley
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Row. D. II.' Ely, Judge. (1) The husband of appellant was never seized of an estate in fee of the premises in question. He merely held them in trust for another. (2) The property was conveyed by deed of general warranty by the husband of respondent in 1830, which was not executed by the wife, and her inchoate right of dower, if she had any, constituted a breach of the covenant at the time it was made.
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Appeal from Pike Circuit Court. — Row. D. II.' Ely, Judge. (1) The husband of appellant was never seized of an estate in fee of the premises in question. He merely held them in trust for another. (2) The property was conveyed by deed of general warranty by the husband of respondent in 1830, which was not executed by the wife, and her inchoate right of dower, if she had any, constituted a breach of the covenant at the time it was made. (3) The husband died in 1893 and. the dower right of the widow, if any, was subject to the provisions of section 8839, Revised Statutes 1889, which operates as…
1Opinion of the Court
FOX, J. J.
— This is a suit instituted by Harriet Bartlett, widow of William PI. Bartlett, deceased, for tbe assignment of dower in lots 1, 2, 5 and 6, in block 19, in William Luce’s addition to tbe city of Louisiana, Pike county, Missouri. It was instituted on the--day of May, 1898, and tried in December, 1898. There was judgment for plaintiff, a motion for a new trial, and in arrest of judgment, and appeal duly perfected.
The lots in question are a part of a tract of seventy acres conveyed to William H. Bartlett, husband of respondent, by deed from his mother, Elizabeth Mann, and his…
2Cases cited13 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Rogers v. WolfeSupreme Court of Missouri · 1890
- State v. GritznerSupreme Court of Missouri · 1896
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3Cited by6 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Graham Paper Company v. GehnerSupreme Court of Missouri · 1933
- Smith v. DirckxSupreme Court of Missouri · 1920
- State ex rel. Brouse v. BurnesMissouri Court of Appeals · 1908
- Koenig v. FlukeCourt of Appeals for the Eighth Circuit · 1936
1 more not listed; retrieve them via the Exa API.