Williams v. Courtney
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H. S., Kelley, J udge. This was a proceeding for assignment of dower to appellant, her right to which was denied solely upon the ground that a sale by the guardian of her husband under a special- act of the legislature, approved Eebruary 24th, 1855, entitled “An act for the relief of John R. 'Williams, of Andrew,” extinguished her right of dower..
1Opinion of the CourtSherwood, J.
The right of a married woman to dower In the land of her husband rests on as secure a foundation as does the fee of the husband in such land. Erom the moment the facts of marriage and seisin concur, the right of the wife in this regard becomes a title paramount to that of any person claiming under the husband by subsequent act. Co. Litt. 32 a. So that neither the alienation of the land by the husband, nor alienation resulting from proceedings in invitum against him, will invest the alienee with the title as against the wife’s dower right; such right remains intact until relinquished in the…
2Cases cited1 opinion
- Grady v. McCorkleSupreme Court of Missouri · 1874
3Cited by8 opinions
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Shackleford v. McElhinneySupreme Court of Missouri · 1912
- Crosby v. Farmers' BankSupreme Court of Missouri · 1891
- Holt v. HanleySupreme Court of Missouri · 1912
- Henze v. MitchellNebraska Supreme Court · 1913
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