Legal Opinion

Shores v. Shores

Missouri Court of Appeals

Decided February 5, 1889PublishedCited by 1 opinion

Error to the Franklin Circuit Court. — Hon. Rudolph ;| Hirzel, Judge. Dower-is a statutory right vested in the widow, of the one third part of all the lands, etc., whereof her husband or any person to his use, etc., was seized during the marriage, etc., during her natural life. R. S. 1879, sec. 2186. And no act, deed or conveyance executed' or performed by the husband without the assent of the wife, etc., shall prejudice the right and interest of the wife, etc.

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Error to the Franklin Circuit Court. — Hon. Rudolph ;| Hirzel, Judge. Dower-is a statutory right vested in the widow, of the one third part of all the lands, etc., whereof her husband or any person to his use, etc., was seized during the marriage, etc., during her natural life. R. S. 1879, sec. 2186. And no act, deed or conveyance executed' or performed by the husband without the assent of the wife, etc., shall prejudice the right and interest of the wife, etc. R. S. 1879, sec. 2197. So also the homestead is a vested statutory estate which upon the death of the head of a family passes to and…

1Opinion of the CourtThompson, J.

This is a proceeding to enjoin the defendants from the occupancy of certain land claimed by the plaintiff as her homestead. It appeared that in the lifetime of the plaintiff’s husband, he occupied as his family homestead, a house, outbuildings and eighty-seven acres of land, sixty acres of which were under cultivation,— residing thereon with his wife and minor children ; that he executed a lease to the defendant, Nathan Shores, by which he demised for the term of fifteen years, subject to an annual rental consisting of one-third of the crop raised by the tenant, all of the land, except the…

2Cases cited3 opinions

  1. Buford v. Keokuk Northern Line Packet Co.Missouri Court of Appeals · 1876
  2. Holthaus v. HartMissouri Court of Appeals · 1880
  3. Buford v. Keokuk Northern Line Packet Co.Supreme Court of Missouri · 1879

3Cited by1 opinion

  1. Kennedy v. BroylesMissouri Court of Appeals · 1893

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