Rankin v. Oliphant
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The demandants were entitled only to dower of the unimproved value of the premises. 2. That they were only entitled to damages from the time of making demand of dower, i. e. from Oct. 10th, 1843. 8. That the plea filed by defandants below, plaintiffs in error here, was good, and entitled the defendants to costs,.and a judgment according to the plea. 4. That the judgment of the circuit court was erroneous, both in…
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ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The demandants were entitled only to dower of the unimproved value of the premises. 2. That they were only entitled to damages from the time of making demand of dower, i. e. from Oct. 10th, 1843. 8. That the plea filed by defandants below, plaintiffs in error here, was good, and entitled the defendants to costs,.and a judgment according to the plea. 4. That the judgment of the circuit court was erroneous, both in overruling the plea, and in giving judgment on the case stated. POINTS AND AUTHORITIES. 1. Eliza Oliphant is entitled to…
1Opinion of the CourtNapton, J.
Oliphant and wife filed their petition in the circuit court of St. Louis county praying for an assignment of dower in certain leasehold estate in the city of St. Louis.
The petition set forth, that the said leasehold was for the term of fifty years, from the 31st January, 1834; that it formerly was the property of one Spencer, the former husband of the petitioner, Mrs. Oliphant; that said Spencer died in 1837 ; that the petitioner had never released her dower in said property, and that Rankin, Blair and Gantt, were in possession of the premises.
The defendants pleaded, admitting the truth of…
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