Holmes v. Kring
Supreme Court of Missouri
Error to Cass Circuit Court. — Hon. N. M. Givan,, Judge. (1) The premises sued for constituted the homestead of James See, and his widow was entitled, after his death, and until her dower was assigned, to the possession of them, as against James See’s heirs and everyone else.
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Error to Cass Circuit Court. — Hon. N. M. Givan,, Judge. (1) The premises sued for constituted the homestead of James See, and his widow was entitled, after his death, and until her dower was assigned, to the possession of them, as against James See’s heirs and everyone else. Consequently, the statute of limitations did not begin to run until her death, which occurred in 1876. Prior to that time the lieirs had no right of action. 1 R. S., 1855, p. 672, sec. 21; Stolces v. McAllister, 2 Mo. 163 ; Orriclc r. Pratt, 34 Mo. 226 ; Miller v. Talley, 48 Mo. 503; Jones v. Manly, 58-Mo. 564; State v.…
1Opinion of the CourtNorton, C. J.
This is an action of ejectment to recover possession of certain lands in Cass county by John See, who subsequently conveyed his interest to one Robert I. Holmes, in whose name the suit was thereafter prosecuted until it reached this court on a writ of error. The answer is a general denial. The suit was commenced against the present defendant and her sister, Louisa E. George, intermarried with one Alfred George. The last two having died after the case reached this court, the cause was dismissed as to them, and said Holmes having also died testate, and having, by the terms of his will, devised…
2Cases cited9 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Jones v. ManlySupreme Court of Missouri · 1875
- Brown v. MooreSupreme Court of Missouri · 1881
- Roberts v. NelsonSupreme Court of Missouri · 1885
- Henry v. LaneSupreme Court of Missouri · 1830
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3Cited by12 opinions
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