Dooley v. Greening
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Row. David II. Eby, Judge. Instruction 1, asked by plaintiff, should not have been given. The deed of Mrs. Greening conveyed and vested in defendant that part of tbe land in controversy which the record shows she owned in her own right, as well as her dower in the part that belonged to her insane husband. This proposition plaintiff denies, and said instruction sustains him in such contention.
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Appeal from Monroe Circuit Court. — Row. David II. Eby, Judge. Instruction 1, asked by plaintiff, should not have been given. The deed of Mrs. Greening conveyed and vested in defendant that part of tbe land in controversy which the record shows she owned in her own right, as well as her dower in the part that belonged to her insane husband. This proposition plaintiff denies, and said instruction sustains him in such contention. The theory of the instruction is that Mrs. Greening’s deed does meet the requirements of section 4334, Revised Statutes 1899. The .first clause of said section…
1Opinion of the CourtWoodson, J.
This is an action of ejectment for the possession of an undivided one-fourth interest in a tract of land situated in Monroe county, the description of which will hereinafter be stated.
The petition was in the usual form, and the answer was a general denial.
A jury was waived, and the cause was submitted to the court upon an agreed statement of facts.
The court found for the respondent, and appellant, in due time, filed motions for a new trial and in arrest of judgment, which were, by the court, overruled, and he has duly prosecuted his appeal to this court.
James Dryden was the common source of…
2Cases cited1 opinion
- State v. SchuchmannSupreme Court of Missouri · 1896
3Cited by3 opinions
- Gardner v. MaffittSupreme Court of Missouri · 1934
- Ferguson v. Zion Evangelical Lutheran ChurchSupreme Court of Oklahoma · 1948
- Danciger v. StoneSupreme Court of Missouri · 1919