Spurlock v. Dornan
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) The wife could not appoint her husband, or any one else, her agent to act for her in relation to lands held by her in fee simple. Nor could the husband charge, bind or convey the lands in which she has no separate estate. A married woman can not appoint an agent as to property not held by her as her separate equitable estate.
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Appeal from Morgan Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) The wife could not appoint her husband, or any one else, her agent to act for her in relation to lands held by her in fee simple. Nor could the husband charge, bind or convey the lands in which she has no separate estate. A married woman can not appoint an agent as to property not held by her as her separate equitable estate. Macfarlane v. Heim, 127 Mo. 328. It will be presumed, in the absence of evidence to the contrary, that a married woman is seized of a legal estate in fee and not of a separate estate. Henry v. Sneed, 99…
1Opinion of the CourtBurgess, J.
This is an injunctive proceeding, the purpose of which is to restrain and enjoin the judges of the county court and the road commissioners of Haw Creek township of Morgan county, from proceeding to open a public road through plaintiff’s land in conformity with an order and judgment of said court made and entered of record on the fourteenth day of *246November, 1900. Tbe grounds upon which the injunction is sought are that the defendants have in no way complied with the statutes providing for the opening of public roads. Upon the presentation of the petition to the circuit court a temporary…
2Cases cited6 opinions
- Long v. MartinSupreme Court of Missouri · 1899
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Whitely v. Platte CountySupreme Court of Missouri · 1880
- Chicago & Alton Railroad v. MaddoxSupreme Court of Missouri · 1887
- Jones v. ZinkMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. Town of ClontarfSupreme Court of Minnesota · 1906
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- County Court of Clay Co. v. BakerMissouri Court of Appeals · 1922
- Grossman v. PattonSupreme Court of Missouri · 1905
- State ex rel. Rippee v. ForestMissouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.