Mueller v. Kaessmann
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. G-rubb, Judge. This was an action of ejectment by Christian Mueller and Prederika Mueller, Ms wife, for lot 6 in block 26 in the city of St. Joseph. Defendant, Kaessmann, the tenant, answered, stating that he held under the trustees of the “Evangelical Lutheran St. Peter’s Congregation,” a church of which he is pastor.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. G-rubb, Judge. This was an action of ejectment by Christian Mueller and Prederika Mueller, Ms wife, for lot 6 in block 26 in the city of St. Joseph. Defendant, Kaessmann, the tenant, answered, stating that he held under the trustees of the “Evangelical Lutheran St. Peter’s Congregation,” a church of which he is pastor. The trustees, who are joined as defendants in the petition, set up that their possession was solely as trustees of said church, which was organized in 1875, mainly through the activity and solicitation of the plaintiffs, who…
1Opinion of the CourtSherwood, J.
I. Mrs. Mueller being seized of the fee in the land, having no separate estate therein, her husband was powerless to bind, charge or convey the land except by a deed duly executed and acknowledged in ■conjunction with his wife. This point, which arises on the provisions of the statute (R. S., 1879, sec. 3295), has ■been uniformly and frequently ruled in this way by this court, ever since the statute was first enacted. 1 Wag. Stat. 935, sec. 14; Wannall v. Kem, 51 Mo. 150; Clark v. Bank, 47 Mo. 17; Clark v. Rynex, 53 Mo. 380; Silvey v. Summer, 61 Mo. 255; McBeth v. Trabue, 69 Mo. 642; Bartlett…
2Cases cited13 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Silvey v. SummerSupreme Court of Missouri · 1875
- Bartlett v. O'DonoghueSupreme Court of Missouri · 1880
- Hord v. TaubmanSupreme Court of Missouri · 1883
- Wannall v. KemSupreme Court of Missouri · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Henry v. SneedSupreme Court of Missouri · 1889
- McClanahan v. WestSupreme Court of Missouri · 1889
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Flesh v. LindsaySupreme Court of Missouri · 1893
36 more not listed; retrieve them via the Exa API.