Brown v. Moore
Supreme Court of Missouri
Appea„ from Greene Circuit Court. — Hois'. ~W. E. Geiser, Judge. The right of the widow’s quarantine and her grantees' is only a possessory right for the time being, and is subject to be defeated at any moment by thq assignment of dower. It is no estate in the lands, and hence there was no particular estate outstanding during the widow’s life, which in any manner interfered to stay the operation of the statute.
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Appea„ from Greene Circuit Court. — Hois'. ~W. E. Geiser, Judge. The right of the widow’s quarantine and her grantees' is only a possessory right for the time being, and is subject to be defeated at any moment by thq assignment of dower. It is no estate in the lands, and hence there was no particular estate outstanding during the widow’s life, which in any manner interfered to stay the operation of the statute. Miller v. Talley, 48 Mo. 503. Gan a mere tenancy .at will hold in abeyance the statute of limitations? But I deny that the widow in quarantine is in any sense the tenant of the heir;…
1Opinion of the CourtNorton, J.
This is a suit in ejectment to recover one-fifth interest in a tract of land in Greene county. Wm. Graves was the owner and had his mansion house on the land, where he died in 1863, leaving a widow and five heirs at law". In December, 1865, the widow and four of the heirs conveyed the land to Ebenezer Phillips ; which deed was recorded the next day after its execution. Richard Graves, the other heir, was of age and living in Kansas. On the 18th day of December, 1865, and about the time he obtained his deed from Mrs. Graves and the others, Phillips conveyed by warranty deed an entire estate in…
2Cases cited3 opinions
- Miller v. TalleySupreme Court of Missouri · 1871
- Waller v. MardusSupreme Court of Missouri · 1859
- Byington v. HoganSupreme Court of Missouri · 1875
3Cited by22 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- Agan v. ShannonSupreme Court of Missouri · 1890
- Hickman v. LinkSupreme Court of Missouri · 1888
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Sherwood v. BakerSupreme Court of Missouri · 1891
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