Legal Opinion

Shroyer v. Nickell

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 43 opinions

Error to Saline Circuit Court. I. The conveyance of George W: Allen to Presly Shroyer and wife vested the title to the real estate sued for in .both as one by the entireties. Both must join in any contract or conveyance to invest the title as a quasi corporation. (12 Mo., 385,) Hence, the statute, prescribing the mode in which a married woman may convey her real estate, has no application to the case.

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Error to Saline Circuit Court. I. The conveyance of George W: Allen to Presly Shroyer and wife vested the title to the real estate sued for in .both as one by the entireties. Both must join in any contract or conveyance to invest the title as a quasi corporation. (12 Mo., 385,) Hence, the statute, prescribing the mode in which a married woman may convey her real estate, has no application to the case. (R. O., 1855, 302,. § 35.) Therefore, the two together, making a contract or conveyance, may and can do So, just as any other person, so that an executory contract signed by both will be…

1Opinion of the CourtSherwood, Judge

Action of ejectment in the Saline Circuit Court brought by plaintiff, Sabina Shroyer, against defendant, Wm. A. Nickel], to recover possession of the W. half of the North-East Quarter of Sec. 16, T. 50, Range 21.

To this action, on his application, Wm. Prior was also made a party defendant, and thereupon the defendants answered jointly, pleading the general issue, and also, as a special and equitable defense, they alleged, in substance, that defendant, Nickell, was rightfully in possession of the land sued for; that on the 11th day of October, 1858, Presly Shroyer, the husband of plaintiff,…

2Cases cited7 opinions

  1. Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
  2. Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Garner v. JonesSupreme Court of Missouri · 1873
  4. Gibson v. ZimmermanSupreme Court of Missouri · 1849
  5. Johns v. ReardonCourt of Appeals of Maryland · 1857

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Hall v. StephensSupreme Court of Missouri · 1877
  2. Walker v. OwenSupreme Court of Missouri · 1883
  3. Henry v. McKerlieSupreme Court of Missouri · 1883
  4. Mueller v. KaessmannSupreme Court of Missouri · 1884
  5. Jones v. ManlySupreme Court of Missouri · 1875

38 more not listed; retrieve them via the Exa API.

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