Wells v. Estes
Supreme Court of Missouri
Appeal from Pike Circuit Court.- — Hon. Reuben F. Roy, Judge. (1) Plaintiff is a party to the warranty deed, conveying to the defendant the “Coles tract” of land. She is therefore estopped from setting up a claim for dower as against Estes, her grantee in said warranty deed, and from claiming that because such deed has beendeclaredfraudulent as against the creditors of her husband and at the instigation of his creditors, it is also void as against her.
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Appeal from Pike Circuit Court.- — Hon. Reuben F. Roy, Judge. (1) Plaintiff is a party to the warranty deed, conveying to the defendant the “Coles tract” of land. She is therefore estopped from setting up a claim for dower as against Estes, her grantee in said warranty deed, and from claiming that because such deed has beendeclaredfraudulent as against the creditors of her husband and at the instigation of his creditors, it is also void as against her. A deed though fraudulent as to creditors is valid as between the parties thereto. Stevenson v. Edwards, 98 Mo. 622; Thompson v. Oohen, 127 Mo.…
1Opinion of the CourtBurgess, J.
This is a suit by plaintiff who is the widow of Lemuel M. Wells, deceased, against the defendant for the admeasurement of her dower in three different tracts of land to which her husband owned the title in fee during their marriage, and which are owned by and in the possession of defendant.
In this litigation the tracts of land are designated as follows: One tract of one.hundred arpens, another of two hundred acres, and a tract containing three thousand and one acre, called the “Coles tract.”
Plaintiff was sixty-two years of age at the time of the trial, which resulted in a judgment in her…
2Cases cited20 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- George v. WilliamsonSupreme Court of Missouri · 1858
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Summers v. BabbIllinois Supreme Court · 1851
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3Cited by6 opinions
- Smith v. WoodwardSupreme Court of Virginia · 1918
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
- Guels v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1932
- Hughes v. HendersonMissouri Court of Appeals · 1902
- Reynolds v. SchadeMissouri Court of Appeals · 1908
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