Legal Opinion

Clelland v. Clelland

Supreme Court of Missouri

Decided December 31, 1921PublishedCited by 1 opinion

Appeal from Sullivan Circuit Court.—Hon. Fred Lamb, Judge. (1) The action right of a widow to dower before an assignment of it to her is not such an estate or interest in land as can be levied on and sold under an execution against her; the dower must be assigned to her.

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Appeal from Sullivan Circuit Court.—Hon. Fred Lamb, Judge. (1) The action right of a widow to dower before an assignment of it to her is not such an estate or interest in land as can be levied on and sold under an execution against her; the dower must be assigned to her. Waller v. Mardus, 29 Mo. 25. (2) A sale of a widow's interest in her husband’s real estate before dower is assigned to her is void, and the sheriff’s deed conveys no /title; and this is tr,ue no matter if the full value of the interest has been paid. The rule must be uniform, and cannot be made to depend upon the amount…

1Opinion of the Court

The suit is to have dower assigned in certain land, in Sullivan County; the plaintiff was a judgment creditor of the alleged doweress, Magdalene S. Clelland, the widow of Robert C.H. Clelland, who died intestate in May, 1912, seized of the land in dispute. In March, 1918, the plaintiff recovered judgment against her in the sum of six thousand odd dollars. These facts are set up in the petition, which then alleges that no dower ever has been assigned to the defendant Magdalene S. Clelland, and prays that it be assigned to her.

The suit was brought under the provision of Section 347, Revised…

2Cases cited5 opinions

  1. Proctor v. NanceSupreme Court of Missouri · 1909
  2. Carey v. WestSupreme Court of Missouri · 1897
  3. Waller v. MardusSupreme Court of Missouri · 1859
  4. Young v. ThrasherMissouri Court of Appeals · 1895
  5. Addison v. Dent County Savings BankMissouri Court of Appeals · 1920

3Cited by1 opinion

  1. Sutorius v. MayorSupreme Court of Missouri · 1943

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