Moss v. Brant
Supreme Court of Missouri
Appeal from De Kalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) Plaintiff bas an inchoate right of dower as well also as the homestead right in the ten acres in question; either of which would entitle her to the relief prayed, or such relief as would be just and proper in the premises necessary to protect either of these interests.
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Appeal from De Kalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) Plaintiff bas an inchoate right of dower as well also as the homestead right in the ten acres in question; either of which would entitle her to the relief prayed, or such relief as would be just and proper in the premises necessary to protect either of these interests. R. S. 1899, secs. 2947, 3616; White v. Inghram, 110 Mo. 483; Hack v. Rollin, 158 Mo. 188; Blandy v. Asher, 72 Mo. 27. (2) Plaintiff, in addition to her dower right, and right of homestead, also acquired Oliver Gr. Mills’ equity of redemption under the trust deed…
1Opinion of the CourtWoodson, J.
This is an injunction proceeding, instituted by plaintiff against the defendants in the circuit court of DeKalb county, to prevent the' sheriff from selling certain real estate, located in that county, under and by virtue of a certain deed of trust to satisfy a debt, described therein, for the alleged reason that the debt had been paid, and that the sheriff and the other defendants had conspired together for the purpose of defrauding her out of her interest therein by selling said real estate under said deed.
The petition upon which the case was tried is as follows:
“Plaintiff for her first…
2Cases cited3 opinions
- Moss v. FitchSupreme Court of Missouri · 1908
- Snow v. BassSupreme Court of Missouri · 1903
- Sturgeon v. MuddSupreme Court of Missouri · 1905