Phillips v. Presson
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Ron. R. C. Riley, Judge. , (1) As neither dower nor homestead was ever assigned or set off to the widow, she was entitled to remain in and.enjoy the mansion house under section 2954, Revised Statutes 1899, until dower was assigned. (2) The widow could sell and assign her quarantine right under the statute, as she did do to co-defendants, the Smith brothers.
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Appeal from Mississippi Circuit Court. — Ron. R. C. Riley, Judge. , (1) As neither dower nor homestead was ever assigned or set off to the widow, she was entitled to remain in and.enjoy the mansion house under section 2954, Revised Statutes 1899, until dower was assigned. (2) The widow could sell and assign her quarantine right under the statute, as she did do to co-defendants, the Smith brothers. Jones v. Manly, 58 Mo. 559; Smith v. Stephens, 164 Mo. 415. That being true, the defendants were in rightful possession of the premises at the time of the institution of this suit. (3) It would be a…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover the possession of the east half of the northwest > quarter of section 9, township 25, range 15, in Mississippi county. The petition is in common form. The answer, a general denial. The trial, before the court without a jury on an agreed statement of facts. Judgment for the plaintiffs, and defendants appeal. The plaintiffs are the minor children of J. J. Phillips, deceased, who died seized of the premises, which was his homestead. The defendants are in possession of the premises, holding the same under a deed from Mrs. Martha Phillips, the widow of…
2Cases cited16 opinions
- Jones v. ManlySupreme Court of Missouri · 1875
- Gentry v. GentrySupreme Court of Missouri · 1894
- Brown v. MooreSupreme Court of Missouri · 1881
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- State v. MooreSupreme Court of Missouri · 1875
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3Cited by8 opinions
- Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
- Schowe v. KallmeyerSupreme Court of Missouri · 1929
- Dennis v. GormanSupreme Court of Missouri · 1921
- Jennings v. CherrySupreme Court of Missouri · 1923
- C. M. Smith Bros. Land & Investment v. PhillipsSupreme Court of Missouri · 1921
3 more not listed; retrieve them via the Exa API.