Driskill v. Ashley
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. C. H. Skinker, Judge. (1) Prior to the Married Woman’s Act of 1889, the deed of a married woman in which her husband did not join was void, and did not convey her land. See. 609, R. S. 1879; Huff v. Price, 50 Mo. 228; Bartlett v. O’Dohoghue, 72 Mo.' 563; Sutton y.
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Appeal from Hickory Circuit Court. — Hon. C. H. Skinker, Judge. (1) Prior to the Married Woman’s Act of 1889, the deed of a married woman in which her husband did not join was void, and did not convey her land. See. 609, R. S. 1879; Huff v. Price, 50 Mo. 228; Bartlett v. O’Dohoghue, 72 Mo.' 563; Sutton y. Casseleggi, 77 Mo. 404- To constitute the husband a party grantor to his wife’s deed it was necessary that he be described as grantor, either expressly or by necessary inference. It was not sufficient that he sign and acknowledge. Jewett v. Davis, 10 Allen (Mass.), 68; Bradley v. Railroad,…
1Opinion of the CourtGraves, J.
This is an action in ejectment for one acre of land in Hickory county. The petition is in the ordinary form, laying ouster as of February, 1910, and alleging damages in the sum of twenty-five dollars, and monthly rents at two dollars and fifty cents. The *5answer was (1) a general denial, (2) the ten-year Statute of Limitations, (3) estoppel, and (4) an affirmative defense for the reformation of the deed under which the plaintiff claims title to the property. Upon a trial before the court, the plaintiff had judgment for the recovery of an undivided one-half interest in the land and for damages…
2Cases cited14 opinions
- Mills v. CatlinSupreme Court of Vermont · 1849
- Ingoldsby v. JuanCalifornia Supreme Court · 1859
- Dentzel v. WaldieCalifornia Supreme Court · 1866
- Bartlett v. O'DonoghueSupreme Court of Missouri · 1880
- Sutton v. CasseleggiSupreme Court of Missouri · 1883
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3Cited by2 opinions
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- Byers v. BuettnerMissouri Court of Appeals · 1945