Ashbaugh v. Ashbaugh
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. B. Wool-folk, Judge. (1) The doctrine of estates in entireties is repugnant to and inconsistent with the policy of our Married Women’s Acts and should not be applied to conveyances made since their enactment.
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Appeal from Lincoln Circuit Court. — Hon. E. B. Wool-folk, Judge. (1) The doctrine of estates in entireties is repugnant to and inconsistent with the policy of our Married Women’s Acts and should not be applied to conveyances made since their enactment. R. S. 1909, secs. 8304, 8307 and 8309; Russell v. Russell, 122 Mo. 235; Bains v. Bullock, 129 Mo. 117; State ex rel. v. Maguni, 187 Mo. 244; Williams v. Railroad, 188 Mo. 146; State ex rel. v. Perkins, 139 Mo-. 177; Taylor v. Pullen, 152 Mo. 434; Abramsky v. Abramsky, 261 Mo. 117; Boutell v. Shellaberger, 264 Mo. 70. (2) The Ashbaugh deed per…
1Opinion of the Court
WHITE, C.
The action was brought under Section 2535, Revised Statutes 1909,. to determine title to forty-two acres of land in Lincoln County. The plaintiff is the widow of Henry H. Ashbaugh, deceased. The defendant Dean Ashbaugh is the son by a former marriage of Henry H. Ashbaugh. The plaintiff claims title to the tract as an estate by entirety under a conveyance made *356to lier and Henry H. Ashbaugh, as husband and wife, during said Ashbaugh’s lifetime. The conveyance was made in 1909, and Henry Ashbaugh died on April 11, 1914. The defendant son claims under the will of Henry H. Ashbaugh, which…
2Cases cited5 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Wilson v. FrostSupreme Court of Missouri · 1905
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Waldermeyer v. LoebigSupreme Court of Missouri · 1909
- McKinney v. SettlesSupreme Court of Missouri · 1862
3Cited by37 opinions
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- Sawada v. EndoHawaii Supreme Court · 1977
- Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Sutorius v. MayorSupreme Court of Missouri · 1943
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