Legal Opinion

Dyer v. Brannock

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 51 opinions

Frror to St. Louis Court of Appeals. The case is reported in 2 Mo. App., 432. Ejectment to recover several lots in the city of St. Louis. The opinion states the case. 1. There was a marriage between Wilson and Sarah Ann Adams in 1824, unless the evidence proves a marriage between Wilson and Jane Collins in 1819. If the latter marriage is proved, then the former is “ deemed null in law,” but under the statute the issue is nevertheless legitimate.

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Frror to St. Louis Court of Appeals. The case is reported in 2 Mo. App., 432. Ejectment to recover several lots in the city of St. Louis. The opinion states the case. 1. There was a marriage between Wilson and Sarah Ann Adams in 1824, unless the evidence proves a marriage between Wilson and Jane Collins in 1819. If the latter marriage is proved, then the former is “ deemed null in law,” but under the statute the issue is nevertheless legitimate. Linceeum v. Lincecum, 3 Mo. 441; Stones v. Keeling, 5 Call 143; Grahamv. Bennett, 2 Cal. 506; Johnson v. Johnson, 30 Mo. 72 ; Buchanan v. Haney, 35…

1Opinion of the CourtNapton, J.

— The two principal questions involved in this case, are: First, whether the observance of the statutory forms prescribed for the celebration or solemnization of marriages, under our territorial government in 1819, or subsequently under the State government in 1830, was essential to a valid marriage; and second, the construction of our statutes of limitation, as applied to the facts in evidence.

In order to show the pertinency of the instructions to the evidence submitted, we will here state the main facts which that evidence tended' to establish; whether to the satisfaction of the jury or…

2Cases cited10 opinions

  1. Cargile v. WoodSupreme Court of Missouri · 1876
  2. Inhabitants of Milford v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1810
  3. Graham v. BennetCalifornia Supreme Court · 1852
  4. Overseers of the Poor of Newbury v. Overseers of the Poor of BrunswickSupreme Court of Vermont · 1829
  5. Campbell's Adm'r & Heirs v. GullattSupreme Court of Alabama · 1869

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3Cited by51 opinions

  1. MacDougall v. LevickSupreme Court of Virginia · 2017
  2. Teter v. TeterIndiana Supreme Court · 1885
  3. Gates v. SeibertSupreme Court of Missouri · 1900
  4. Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
  5. State v. ZichfeldNevada Supreme Court · 1896

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