Edwards v. Burns
Missouri Court of Appeals
Appeal from the Greene County Circuit Court, James R. Vaugi-iae, Judge. The. words, “for ber own proper use and benefit,” in a deed, creates a separate estate in a femme covert.. Griffith v. Griffith, 5 B. Mon. 3; Warren v. Haley, 1 S. & M. Cb. 647. Tbe words, “for ber use,” alone, create a separate estate in a femme covert. Steel v. Steel, 1 Ired. Eq. 452; Good v. Harris, 2 Ired. Eq. 530. If the-intention to create a separate estate appears it is sufficient.
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Appeal from the Greene County Circuit Court, James R. Vaugi-iae, Judge. The. words, “for ber own proper use and benefit,” in a deed, creates a separate estate in a femme covert.. Griffith v. Griffith, 5 B. Mon. 3; Warren v. Haley, 1 S. & M. Cb. 647. Tbe words, “for ber use,” alone, create a separate estate in a femme covert. Steel v. Steel, 1 Ired. Eq. 452; Good v. Harris, 2 Ired. Eq. 530. If the-intention to create a separate estate appears it is sufficient. Morrison v. Thistle, 67 Mo. 596; Klenlce v.. Eoeltze, 75 Mo. 239; Martin v. QoTbwrn, 88 Mo. 229. Tbe law conclusively presumes that…
1Opinion of the Court
Thompson, J.,
delivered tbe opinion of tbe court.
Tbis is a suit, in equity, to charge tbe separate estate of a married woman in a certain described tract of land, with tbe payment of a promissory note executed', by ber. Tbe court, upon tbe bearing of tbe evidence, rendered a decree for tbe defendant, from which tbe plaintiff prosecutes tbis appeal. No declarations of law are required in equity cases, though several, requested by tbe plaintiff, were refused in tbis case, and two, requested by tbe defendant, were given. It appears, from tbe evidence, and tbe declarations of law, which were…
Also in this document: Concurrence.
2Cases cited4 opinions
- Morrison v. ThistleSupreme Court of Missouri · 1878
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1873
- Klenke v. KoeltzeSupreme Court of Missouri · 1881
- Florrance v. Goodin & ThomasCourt of Appeals of Kentucky · 1844
3Cited by3 opinions
- Edwards v. EdwardsCourt of Appeals of Texas · 1932
- Clifton v. AndersonMissouri Court of Appeals · 1891
- Edwards v. EdwardsCourt of Appeals of Texas · 1932