Liney v. Martin
Supreme Court of Missouri
Error to Ralls Circuit Cou/rt. This is an action by Thomas Liney and Juliana his wife, and Sarilda J. Newcome, a minor, against William Martin.
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Error to Ralls Circuit Cou/rt. This is an action by Thomas Liney and Juliana his wife, and Sarilda J. Newcome, a minor, against William Martin. The petition is substantially as follows: Plaintiff states that James Newcome, in the year 1837, was the owner of three several tracts of land [describing them] ; that in June, 1837, he intermarried with one of- the plaintiffs, Juliana Liney, then Crockett; that afterwards, in July, 1837, he sold two of said tracts to defendant. and conveyed the same by deed of that date, in which deed said plaintiff relinquished her dower at the solicitation of her…
1Opinion of the CourtEwing, Judge
The question in this case involves the sufficiency of the petition. It is urged that there is a misjoinder of parties and actions in the petition, and that the same causes of action do not affect both parties to the action.
From the statement of the case, it is seen that the cause of action, as it respects plaintiff Juliana Liney, was an alleged collusion between James Newcome, deceased, her former husband, and the defendant Martin, with the intent to defraud her of her dower interest in the real estate mentioned in the petition, and that it was consummated by a pretended and fraudulent…
2Cited by2 opinions
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Trefny v. EichenseerSupreme Court of Missouri · 1914