Legal Opinion

Moss v. Fitch

Supreme Court of Missouri

Decided May 30, 1908PublishedCited by 33 opinions

Appeal from DeKalb Circuit Court. — Now. A. D. Burnes, Judge. (1) Plaintiff had an interest in all the lands in question, notwithstanding the fact that she had been granted a divorce from the defendant, Oliver Gr. Mills. The decree of divorce did not bar her dower.

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Appeal from DeKalb Circuit Court. — Now. A. D. Burnes, Judge. (1) Plaintiff had an interest in all the lands in question, notwithstanding the fact that she had been granted a divorce from the defendant, Oliver Gr. Mills. The decree of divorce did not bar her dower. R. S. 1899, see. 2947; White v. Ingraham, 110 Mo. 483; Blandy v. Asher, 72 Mo-. 27; Turner v. Bennett, 70 111. 263. (2) The deed from Mills to Eldn was absolutely void, under section 3616, Revised Statutes 1899'. The unlawful design cannot be confined to one particular parcel of property; entire honesty and good faith are necessary…

1Opinion of the CourtGraves, J.

— Action for injunction and for the cancellation of a certain quitclaim deed and a certain deed of trust.

From December 2, 1900; to October 23, 1902, the plaintiff was the wife of defendant Oliver Grant Mills, by whom she had one child. At this latter named date she was divorced from Mills and had judgment for alimony in gross in the sum of $2387.50, and for custody of the child. Judgment was by default. In this divorce proceeding the defendant Mills was not served with process in this State, but was personally served with summons in the State of Wyoming, under our statute providing for such a…

2Cases cited9 opinions

  1. Ringer v. HoltzclawSupreme Court of Missouri · 1892
  2. Lanitz v. KingSupreme Court of Missouri · 1887
  3. Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
  4. Ellison v. MartinSupreme Court of Missouri · 1873
  5. Latimer v. Union Pacific RailwaySupreme Court of Missouri · 1868

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3Cited by33 opinions

  1. Beckmann v. BeckmannSupreme Court of Missouri · 1949
  2. Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
  3. Nichols v. VaughanMassachusetts Supreme Judicial Court · 1914
  4. Raher v. RaherSupreme Court of Iowa · 1911
  5. Chapman v. ChapmanSupreme Court of Missouri · 1917

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

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