Miller v. Talley
Supreme Court of Missouri
Error to Ca-pe Girardeau Circuit Court. I. “Until dower is assigned, the widow may remain in and enjoy tbe mansion-honse of her husband, and the messuage or plantations thereto belonging,” and, when deforced, may maintain ejectment for the same. The remedy given under section 22 of the dower law (Gen. Stat. 1865) is only cumulative. (See Wagn.
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Error to Ca-pe Girardeau Circuit Court. I. “Until dower is assigned, the widow may remain in and enjoy tbe mansion-honse of her husband, and the messuage or plantations thereto belonging,” and, when deforced, may maintain ejectment for the same. The remedy given under section 22 of the dower law (Gen. Stat. 1865) is only cumulative. (See Wagn. Stat. 542, § 21; id. 557, note-1; Stokes v. McAllister, 2 Mo. 166; Orrick v. Pratt’s Adm’r, 34 Mo. 227; Waller v. Mardus, 29 Mo. 28.) II. Since the enactment of the statute of descents in 1822, the laws of this State have not recognized or created any…
1Opinion of the CourtBliss, Judge
The plaintiff is the widow of Jesse A. Miller, and her dower not having been assigned, she brings this suit to recover possession of the dwelling-house, messuage and plantation, of which he died seized, claiming it under her right of quarantine. It appears that she is the sole heir of her daughter, who gave birth to a living child, which shortly died; and the daughter’s husband, the defendant Talley, claims the right of possession as tenant by curtesy.
The statute is unequivocal as to the widow’s right to possess the dwelling-house, etc., until dower is assigned (Glen. Stat. 1865, ch. 130, §…
2Cases cited1 opinion
- Henry v. LaneSupreme Court of Missouri · 1830
3Cited by9 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Gentry v. GentrySupreme Court of Missouri · 1894
- Brown v. MooreSupreme Court of Missouri · 1881
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Roberts v. NelsonSupreme Court of Missouri · 1885
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