Boynton v. Miller
Supreme Court of Missouri
Appeal from Sullivan Circuit ' Cowrt. — Hon. W. W. Rucker, Judge. (1) Prior to the act of the General Assembly of Missouri of March, 1875, money or other personal property of the wife, not her separate estate, became the property of the husband jure mariti, and if invested in land by him, no resulting trust would thereby be created in favor of the wife.
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Appeal from Sullivan Circuit ' Cowrt. — Hon. W. W. Rucker, Judge. (1) Prior to the act of the General Assembly of Missouri of March, 1875, money or other personal property of the wife, not her separate estate, became the property of the husband jure mariti, and if invested in land by him, no resulting trust would thereby be created in favor of the wife. Modrell v. Biddle, 82 Mo. 31; Woodford v. Stephens, 51 Mo. 443. (2) And in a suit in equity to divest title, the evidence, to warrant a decree for plaintiff, must be so clear, definite and positive as to leave no reasonable ground for…
1Opinion of the CourtSherwood, J.
This proceeding in equity was instituted by plaintiffs to divest out of defendants the title to a certain improved farm of one hundred and sixty acres. The result of the proceeding was the granting of the prayer of the petition.
The case turns on the point as to what party, whether John Miller or his first wife, furnished the money which bought the litigated land. She had been a Mrs. Flanders, and John Miller a hired hand on the farm during her husband’s lifetime. About three years after the death of Flanders, she, then being about forty, led John Miller to the altar, he then being about…
2Cases cited6 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Meier v. MeierSupreme Court of Missouri · 1891
- Botts v. GoochSupreme Court of Missouri · 1888
- O'Brien v. JoyceMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Miller v. BerryMissouri Court of Appeals · 1954
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Hauser v. MurraySupreme Court of Missouri · 1914
- White v. WilksSupreme Court of Missouri · 1962
6 more not listed; retrieve them via the Exa API.