Logan v. Phillips
Supreme Court of Missouri
Jlppeal from Perry Circuit Court. This was a suit brought by Rosannah W. Logan, to recover dower in certain lands and slaves of which her husband, John-Logan, died seized and possessed.
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Jlppeal from Perry Circuit Court. This was a suit brought by Rosannah W. Logan, to recover dower in certain lands and slaves of which her husband, John-Logan, died seized and possessed. The defendants set up in bar of the claim of dower the following marriage contract between the plaintiff and her late husband : “This agreement made and entered into this fifth day of November, A. D. 1844, by and between John Logan and Ro-sannah W. Searcy, both of the county of Perry and state of Missouri, witnesseth: that the said John Logan and Rosannah W. Searcy being about to enter into the bonds of…
1Opinion of the CourtScott, Judge
1. Under the statute concerning marriage contracts, it is not necessary that a nuptial agreement should be acknowledged or proved and recorded, in order to make it binding between the parties thereto. The object of recording such instruments is, to impart notice to purchasers and creditors, and if they are not affected by an omission to record them, those who form them cannot object to their validity, that they have not been acknowledged and recorded. Notwithstanding the generality of the first section of the act, the sections which follow clearly indicate the purpose of the legislature in…
2Cited by14 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- McGee v. McGeeIllinois Supreme Court · 1878
- Rowell v. BarberWisconsin Supreme Court · 1910
- Roberts v. WalkerSupreme Court of Missouri · 1884
- Moran v. StewartSupreme Court of Missouri · 1903
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