O'Flaherty v. Sutton
Supreme Court of Missouri
LLppeal from St. Louis Circuit Court. The dowress should have been permitted to show at what rate she could have rented the land had she been in possession from November, 1855, to date of injunction, with power to fence, clear and cultivate the land as lands in the neighborhood are used.
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LLppeal from St. Louis Circuit Court. The dowress should have been permitted to show at what rate she could have rented the land had she been in possession from November, 1855, to date of injunction, with power to fence, clear and cultivate the land as lands in the neighborhood are used. And if she could have rented it in this way, lessee to pay taxes, for any annual sum on these terms, from year to year, her damages are the gross amount of this net annual rent for sixteen years that she has been deforced. She should have been allowed to show at what rate from year to year the land might have…
1Opinion of the Court
Wagner, Judge,
delivered -the opinion of the court.
This was an action commenced by the plaintiff to have dower assigned to her in a tract of land consisting of twenty acres, which was owned by her husband at the time of his death. Commission*585ers were appointed who set out to the plaintiff her proper portion, and their report was approved, and to that there is no objection. The tract was timbered land, and not inclosed or in cultivation. A jury was impaneled to assess the damages, and, under the instructions of the court, found a verdict for the defendant. The giving and refusing of instructions…
2Cases cited2 opinions
- Thomas v. MallinckrodtSupreme Court of Missouri · 1868
- Reily v. BatesSupreme Court of Missouri · 1867
3Cited by2 opinions
- Rannels v. Washington UniversitySupreme Court of Missouri · 1888
- Griffin v. ReganSupreme Court of Missouri · 1883