Smith v. Stephens
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — TIon. D. W. Shackleford, Judge. (1) Tbe court erred in requiring tbe plaintiff to pay tbe taxes that accrued upon tbe land subsequent to tbe death of her husband, and in refusing to charge tbe same in her favor upon said real estate. Her dower was never assigned to her. She was entitled to tbe use of tbe land without being charged with any part of tbe taxes thereon.
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Appeal from Moniteau Circuit Court. — TIon. D. W. Shackleford, Judge. (1) Tbe court erred in requiring tbe plaintiff to pay tbe taxes that accrued upon tbe land subsequent to tbe death of her husband, and in refusing to charge tbe same in her favor upon said real estate. Her dower was never assigned to her. She was entitled to tbe use of tbe land without being charged with any part of tbe taxes thereon. Tbe rents and profits were hers, and she was not bound to pay taxes out of tbe same. Graves v. Cochran, 68 Mo. 74; Spinning v. Spinning, 10 Atl. Rep. 270; Gentry v. Gentry, 122 Mo. 202. (2)…
1Opinion of the CourtGantt, J.
— This is an appeal from an interlocutory decree appointing commissioners to admeasure and set off the homestead and dower of the plaintiff in the lands of her deceased husband, William E. Smith.
The judgment was entered at the May term, 1898, of the circuit court of Moniteau county.
The action was brought by plaintiff against Arthur Philip Smith, the only son and heir at law of said William E. Smith. During the pendency of the suit said Arthur P. Smith died, and the present defendants, who are his devisees, were substituted in his stead.
Plaintiff in her petition alleged that her said husband,…
2Cases cited6 opinions
- Gentry v. GentrySupreme Court of Missouri · 1894
- Smith v. HandyOhio Supreme Court · 1847
- Henry v. LaneSupreme Court of Missouri · 1830
- Miller v. TalleySupreme Court of Missouri · 1871
- Graves v. CochranSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Adams v. AdamsSupreme Court of Missouri · 1904
- Phillips v. PressonSupreme Court of Missouri · 1903
- Shoultz v. LeeSupreme Court of Missouri · 1914
- Hawkins v. StevensSupreme Court of Oklahoma · 1908
- Holt v. HoltWest Virginia Supreme Court · 1924