Bobb v. Taylor
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thaler, Judge. The possession of the wife is the possession of the husband, and he is a necessary party to an action for the recovery of her lands. Gray v. Dry den, 79 Mo. 108; Mueller v. Kaessman, 84 Mo. 380 ; Gideon v. Hughes, 21 Mo.
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Appeal from the St. Louis Circuit Court, Amos M. Thaler, Judge. The possession of the wife is the possession of the husband, and he is a necessary party to an action for the recovery of her lands. Gray v. Dry den, 79 Mo. 108; Mueller v. Kaessman, 84 Mo. 380 ; Gideon v. Hughes, 21 Mo. App. 530; Cooper v. Ord, 60 Mo. 420; Bledsoe r>. Sims, 53 Mo. 308; Kanaga ». Railroad, 76 Mo. 215. Trusts for the protection of married women are active trusts, and are not executed by the statutes, and there can be no separate estate without the intervention of trustees, either nominated in the instrument…
1Opinion of the CourtRombaueb, J.
The only question arising upon this appeal, is whether or no, it is a legal impossibility for any married woman in this state to have such possession of real estate as to maintain an action for the violation of that .possession, and that question arises upon the following facts disclosed by the record:
On the first day of June, 1885, a writ of restitution for the property in controversy issued in favor of Martha E. Bobb and Charles Bobb, her husband, and against the defendant herein, and under that writ, the sheriff delivered the property to Charles Bobb, as agent for his wife, Martha E. Bobb,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Fletcher v. KeyteSupreme Court of Missouri · 1877
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
3Cited by3 opinions
- State ex rel. Schonhorst v. HenningMissouri Court of Appeals · 1887
- Black v. SlatonMissouri Court of Appeals · 1902
- Whalen v. BakerMissouri Court of Appeals · 1891