Gwin v. Smurr
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The land in controversy was not the separate property of Mrs. Adeline Smurr, and her contract with Gwin and Daugherty, being merely an executory one, was and is utterly void and cannot be enforced.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The land in controversy was not the separate property of Mrs. Adeline Smurr, and her contract with Gwin and Daugherty, being merely an executory one, was and is utterly void and cannot be enforced. Huff «. Price, 50 Mo.. 264; Shroyer v. Hickell, 55 Mo. 264 ; Hall v. Callahan, 66 Mo: 316 ; Wilcox v. Todd, 64 Mo. 388; Atkinson v. Henry, 80 Mo. 151; Alexander x>. Lydick, 80 Mo. 341; Mueller v. Kaessmann, 84 Mo. 318. (2) The contract with Gwin and Daugherty, which provided that, if any payment should not be made according to its…
1Opinion of the CourtSherwood, J.
Plaintiffs ask for the specific performance of an alleged contract for the conveyance of land held by the wife in fee ; for the cancellation of a deed of the same land subsequently made to other parties; for fifty thousand dollars’ damages against John Smurr, the husband, for failure to perform the agreement, and for all other relief, etc.
I. The title of the wife was under the married woman’s act ( Revised Statutes, 1879, sec. 8295), having been derived after 1866, and there being no words employed either in her father’s will, or in the decree of partition, which created in her an equitable…
2Cases cited5 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Hall v. CallahanSupreme Court of Missouri · 1877
- State v. ClaySupreme Court of Missouri · 1890
3Cited by7 opinions
- School City of Rushville v. HayesIndiana Supreme Court · 1904
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- McCollum v. BoughtonSupreme Court of Missouri · 1896
- Clay v. MayerSupreme Court of Missouri · 1904
- Gwin v. SmurMissouri Court of Appeals · 1892
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