Harris v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court! — Hon. Thomas B. Buchner, Judge. (1) There may be dower in a public use, or, more properly, in land used as such, where the property out of which the use is claimed has not been acquired in one of the ways pointed out by the law or decisions. (2) Donnell took the fee subject to plaintiff’s dower, as did also the Water Works Company and the city.
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Appeal from Jackson Circuit Court! — Hon. Thomas B. Buchner, Judge. (1) There may be dower in a public use, or, more properly, in land used as such, where the property out of which the use is claimed has not been acquired in one of the ways pointed out by the law or decisions. (2) Donnell took the fee subject to plaintiff’s dower, as did also the Water Works Company and the city. The two latter did not take a mere easement, and therefore the idea that there is no dower in an easement has no application here. Where a public service corporation takes by deed purporting to convey the fee, it…
1Opinion of the Court
This is a suit for dower. The husband of plaintiff, John S. Harris, was on June 7, 1873, seized in fee of the real estate in which she now claims dower. He died February 6, 1897.
On June 7, 1873, the interest of Harris in the land was sold under execution and conveyed by sheriff's deed to R.W. Donnell; on May 20, 1884, Donnell and wife conveyed by warranty deed to the National Water Works Company, a corporation of the State of New York (hereinafter referred to as the company). Under its charter and the laws of New York, the company was empowered to establish, construct and maintain water works…
2Cases cited6 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
- Baker v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dal Brun v. City of West Palm BeachDistrict Court of Appeal of Florida · 1969