Lewis v. Rhodes
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. E. K. McKee, Judge. (1) The defendant and Mrs. Lewis, plaintiff’s mother, were married in 1864. The land in suit was neither her equitable nor statutory, separate estate; it was conveyed to her by Scotland county in 1863, by an ordinary conveyance, and sold to her under the decree in partition, by sheriff’s deed in 1879, without any words excluding the husband’s marital interest.
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Appeal from Scotland Circuit Court. — Hon. E. K. McKee, Judge. (1) The defendant and Mrs. Lewis, plaintiff’s mother, were married in 1864. The land in suit was neither her equitable nor statutory, separate estate; it was conveyed to her by Scotland county in 1863, by an ordinary conveyance, and sold to her under the decree in partition, by sheriff’s deed in 1879, without any words excluding the husband’s marital interest. It was not competent for Mrs. Ehodes then to make any contract with her husband concerning this land. She was laboring under her common law disability and the contract…
1Opinion of the CourtYalliant, J.
This is an action of ejectment for 80 acres of land in Scotland county.
The answer of defendant admits that he is in possession of the land and that plaintiff holds the legal title by inheritance from his mother, who was the wife of defendant. It then pleads as an equitable defense that in 1866 or 1867, defendant purchased a certain other eighty acres and paid for the same with his own means, but that by inadvertence or mistake, the deeds were made to his then wife, the plaintiff’s mother, and that afterwards she desiring to deed the land last *501mentioned to tbe plaintiff, ber son by a former…
2Cases cited4 opinions
- Allen v. LoganSupreme Court of Missouri · 1888
- Hodges v. BlackSupreme Court of Missouri · 1882
- McCollum v. BoughtonSupreme Court of Missouri · 1896
- Hodges v. BlackMissouri Court of Appeals · 1880
3Cited by3 opinions
- Martin v. TurnbaughSupreme Court of Missouri · 1899
- Myers v. SchuchmannSupreme Court of Missouri · 1904
- Huegel v. KimberSupreme Court of Missouri · 1949