Saunders v. Saunders
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) Whether this be considered simply as a contract, based on a valuable consideration, passing from defendant to plaintiff, for a conveyance of lands; or whether it be considered as a jointure, providing a settlement for defendant, Matilda Saunders, as wife of plaintiff, in lieu of her dower right in plaintiff’s estate, upon either view, the plaintiff is entitled to the relief prayed for the following…
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) Whether this be considered simply as a contract, based on a valuable consideration, passing from defendant to plaintiff, for a conveyance of lands; or whether it be considered as a jointure, providing a settlement for defendant, Matilda Saunders, as wife of plaintiff, in lieu of her dower right in plaintiff’s estate, upon either view, the plaintiff is entitled to the relief prayed for the following reasons: First. If contract, the whole consideration therefor has failed both in law and equity. Second. The contract has no…
1Opinion of the CourtMarshall, J.
In November, 1888, plaintiff and defendant were married. They were both old, and each had adult children by former marriages. They boarded with one of the adult children of the wife. In August, 1890, the husband conveyed certain land to defendant Crump (reserving during his life all rents, issues and profits arising therefrom) the consideration expressed in the deed being $1 “and other valuable consideration” and thereupon, cotemporaneously Crump conveyed the property to the wife, the consideration being declared in the deed to be “that the party of the first part in consideration of the…
2Cases cited7 opinions
- Malcom v. RogersNew York Supreme Court · 1823
- Monell v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1815
- Schuster v. SchusterSupreme Court of Missouri · 1887
- Kinzey v. KinzeySupreme Court of Missouri · 1893
- Richardson v. RichardsonSupreme Judicial Court of Maine · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Donaldson v. DonaldsonSupreme Court of Missouri · 1913
- Roberts v. HardyMissouri Court of Appeals · 1901
- King v. KingSupreme Court of Missouri · 1904
- Fisher v. CloptonMissouri Court of Appeals · 1905
- Leavy v. CookMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.