Bealey v. Blake
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Son. A. 'M. Woodson, Judge. ' (1) The alleged contract in release of dower is not sustained by any direct evidence. No agreement or writing of any kind, signed by appellant to that effect is shown. No witness swears to any such oral agreement on her part.
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Appeal from Buchanan Circuit Court. — Son. A. 'M. Woodson, Judge. ' (1) The alleged contract in release of dower is not sustained by any direct evidence. No agreement or writing of any kind, signed by appellant to that effect is shown. No witness swears to any such oral agreement on her part. All that appears is these two conveyances, which are in the form commonly used in real estate transactions, and contain not the slightest suggestion that the appellant herein purposed or intended by the acceptance of said deed, to relinquish her dowér in other lands not mentioned or described. Indeed, il…
1Opinion of the CourtMarshall, J.
This is an action for the partition of one hundred and sixty-six and one-half . acres of land in Buchanan county. Originally the parties to the suit were only Gertrude Bealey (and her husband), the plaintiffs, and J. J. Blake and Lucy E. Snyder, the defendants, who were the children of A. N. Blake — usually called Norton Blake. Afterwards Mary Blake, the widow of Norton Blake, and Samuel H. Smith, the public administrator in charge of the estate of Norton Blake, were on their motions made parties defendant.
The plaintiffs asked partition by giving to each of the children an equal one-third of…
2Cases cited14 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Summers v. BabbIllinois Supreme Court · 1851
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
- Woodworth v. PaigeOhio Supreme Court · 1855
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3Cited by6 opinions
- Keeline v. SealySupreme Court of Missouri · 1914
- Smith v. ThompsonSupreme Court of Missouri · 1902
- Victor v. GrimmerMissouri Court of Appeals · 1906
- Holmes v. NicholsMissouri Court of Appeals · 1902
- Kennedy's Administrator v. DuncanMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.