Plate v. Koehler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The widow and children took the same estate of which the husband and father died seized. — Wag.
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Appeal from the St. Louis Circuit Court. The widow and children took the same estate of which the husband and father died seized. — Wag. Stats. 698, sect. 5; Skouten v. Wood, 57 Mo. 381. The husband and father had the fee-simple, with right to alienate without the consent of the wife or children. — Thomp. on Home. & Ex., sects. 502, 509; Davis v. Andrews, 30 Yt. 680. This estate, with the right in. the head of the family to convey the same, passed to the wife and children upon the death of the husband and father. — Howe v. Adams, 28 Vt. 544 ; McDonald v. Grandall, 43 111. 231; Lamb v. Mason,…
1Opinion of the CourtBakewell, J.
This is an action of ejectment against defendant Barbara and her five children, of whom four are minors.
It appears from the evidence that Paul Koehler died in 1873, seized in fee of the premises in dispute, on which he was living at the time of his death, with defendants, who were his wife and children. The property is 50 X 124J feet, in St. Louis, and was worth, in 1873, over $5,000. The premises have been occupied since Koehler’s death as a residence by defendants, except as to defendant Frederick, who is of age. At the date of Koehler’s death the property was subject to the lien of a deed…
2Cases cited1 opinion
- Skouten v. WoodSupreme Court of Missouri · 1874
3Cited by2 opinions
- Daudt v. MusickMissouri Court of Appeals · 1880
- Schneider v. HoffmannMissouri Court of Appeals · 1880