Davis v. Green
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The right of the husband during coverture to make corporeal seizin is sufficient to entitle the widow to dower without actual seizure. It is of no effect whether Davis had actual seizin or not. Gentry 'o. Woodson, 10 Mo. 224; Warren v. Williams, 25 Mo. App. 22; R. S., secs. 2186,.2207. (2) Williams’ answer in the Crump case and the testimony of the witness, Duncan, was hearsay and incompetent. Greenl.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The right of the husband during coverture to make corporeal seizin is sufficient to entitle the widow to dower without actual seizure. It is of no effect whether Davis had actual seizin or not. Gentry 'o. Woodson, 10 Mo. 224; Warren v. Williams, 25 Mo. App. 22; R. S., secs. 2186,.2207. (2) Williams’ answer in the Crump case and the testimony of the witness, Duncan, was hearsay and incompetent. Greenl. Ev., sec. 90. It was a declaration of a third party and not admissible for any purpose. Declarations touching the title to land…
1Opinion of the CourtRobert Darwin Rat, C. J.
— The plaintiff, who is the widow of Silas W. Davis, deceased, brought this action in 1887 to have dower admeasured 'and set off to her in the lands described in the petition, being the northeast quarter of the southwest quarter of section 12, township 50, range 9, west. On April 26, 1860, Silas Davis, then being the husband of plaintiff, purchased the land in dispute with others, at a partition sale, in a suit, by the heirs of Wm. Sims entitled “Evans et al. v. Sims et al.,” for the sum of §5800, one-fifth cash, and balance in one and two years, with interest at ten per cent, from date of…
2Cases cited9 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Grady v. McCorkleSupreme Court of Missouri · 1874
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- Morrow v. MatthewIdaho Supreme Court · 1904
- Long v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1891
- Young v. ThrasherSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.