Legal Opinion

Cockrill v. Hutchinson

Supreme Court of Missouri

Decided June 16, 1896PublishedCited by 24 opinions

Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The quality of the estate conveyed to a married woman must he determined by the deed vesting title in her; and if it contain no words excluding the marital rights of the husband and apt to describe a separate estate, it is not separate property. Haul v. Leavitt, 53 Mo. 595; IClenke v. Koeltse, 75 Mo. 243; Martin v. Colburn, 88 Mo. 230; Lakeman v. Mcllhaney, 17 Mo.

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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The quality of the estate conveyed to a married woman must he determined by the deed vesting title in her; and if it contain no words excluding the marital rights of the husband and apt to describe a separate estate, it is not separate property. Haul v. Leavitt, 53 Mo. 595; IClenke v. Koeltse, 75 Mo. 243; Martin v. Colburn, 88 Mo. 230; Lakeman v. Mcllhaney, 17 Mo. App. 413; Allen v. DeOroodt, 98 Mo. 160; Nicholson v. Flynn, 24 Mo. App. 571; Powell v. Scott, 43 Mo. App. 206. (2) Even if the property was her separate estate her…

1Opinion of the CourtBurgess, J.

On the third day of June, 1872, Houston McFarland and Sue B. McFarland were husband and wife, living together as such at Weston, Platte county, Missouri. On that day she borrowed from one John E. McFarland the sum of $450, for which she executed her personal note payable in three{ years from its date with interest at ten per cent per annum. On the twenty-fifth day of June, 1872, Sue B. McFarland purchased from George G. Pounds the land in controversy and received a deed therefor conveying to her the fee simple title thereto. On June 28, 1872, she mortgaged said property, her husband joining…

2Cases cited12 opinions

  1. Hagerman v. SuttonSupreme Court of Missouri · 1887
  2. Wilcox v. ToddSupreme Court of Missouri · 1877
  3. Throckmorton v. PenceSupreme Court of Missouri · 1894
  4. Lee v. FoxCourt of Appeals of Kentucky · 1838
  5. Nofsinger v. HartnettSupreme Court of Missouri · 1884

7 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
  2. Rutter v. CarothersSupreme Court of Missouri · 1909
  3. Turner v. EdmonstonSupreme Court of Missouri · 1908
  4. Abney v. AbneySupreme Court of Alabama · 1913
  5. Howard v. ScottSupreme Court of Missouri · 1910

19 more not listed; retrieve them via the Exa API.

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