Cazier v. Hinchey
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The deposition of Oyler should have been admitted in evidence; it tended to prove that there was a marriage settlement between the plaintiff and James Cazier, admitting that the evidence was hearsay. (2) Post-nuptial agreements for separation and maintenance will bar dower, although the intervention of a trustee are valid, and, where accepted by the wife in lieu of dower, will be held to bar her dower right.
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Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The deposition of Oyler should have been admitted in evidence; it tended to prove that there was a marriage settlement between the plaintiff and James Cazier, admitting that the evidence was hearsay. (2) Post-nuptial agreements for separation and maintenance will bar dower, although the intervention of a trustee are valid, and, where accepted by the wife in lieu of dower, will be held to bar her dower right. Gorbertv. Bowling, 81 Mo. 214; Roberts v. Walker, 82 Mo. 200; Lyons v. Phillips, 18 Mo. 23. (3) Marriage settlements, like…
1Opinion of the CourtBrace, P. J.
This is an action for assignment of dower in two hundred and five and one-half acres of land in Clinton county, brought in the circuit court of'that county, and thence taken by change of venue to the circuit court of Ray county. From the judgment of the circuit court of Ray county assigning plaintiff dower in said land and for damages, the defendant appeals.
The common source of title is James Cazier, who died in the,year 1891. The plaintiff and James Cazier were married in Kentucky on the twenty-seventh of May in the year 1839, and thereafter lived together as man and wife for several years…
2Cases cited2 opinions
- Rannels v. Washington UniversitySupreme Court of Missouri · 1888
- Thomas v. HesseSupreme Court of Missouri · 1863
3Cited by7 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- H. W. Wright Lumber Co. v. McCordWisconsin Supreme Court · 1911
- Wachstetter v. JohnsonIndiana Court of Appeals · 1915
- Wilson v. Supreme Liberty Life Insurance Co.Missouri Court of Appeals · 1961
- Smith v. American Tobacco Co.Court of Appeals of Kentucky · 1912
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