Rivard v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The proposition embraced in the first declaration, tbat tbe deed from Rivard and wife to Honck et al., was a nullity as to tbe wife’s interest, because not acknowledged as required by tbe statutes in force at tbe time, is clearly error. Tbe conveyance of a wife’s separate property is not void, because not acknowledged.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The proposition embraced in the first declaration, tbat tbe deed from Rivard and wife to Honck et al., was a nullity as to tbe wife’s interest, because not acknowledged as required by tbe statutes in force at tbe time, is clearly error. Tbe conveyance of a wife’s separate property is not void, because not acknowledged. Seivers v.- Kleeburg, 56 Mo. 196. A deed executed by husband and wife jointly of lands inherited by her, prior to the enactment of Sec. 3295, R. S. 1879,. even though the wife’s acknowledgment is defective,…
1Opinion of the Court
OPINION
BOND, J.
(After stating the facts as above).— ‘This case, having been submitted on an agreed state*156ment of facts (as to all questions on which, right to recover depends), the proper judgment to he rendered is-a mere legal conclusion and the burden is upon plaintiffs to show that the judgment in their favor is the only one which could have been rendered under the applicatory law. [Gage v. Gates, 62 Mo. 412; Munford v. Wilson, 15 Mo. 540; Rannells v. Isgrigg, 99 Mo. l. c. 28; Graham v. Ketchum, 192 Mo. l. c. 24; State ex rel. v. Merriam, 159 Mo. l. c. 660; South Mo. Land Co. v. Combs, 53…
2Cases cited17 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Gage v. GatesSupreme Court of Missouri · 1876
- Hord v. TaubmanSupreme Court of Missouri · 1883
- Munford v. WilsonSupreme Court of Missouri · 1852
- Sharpe v. McPikeSupreme Court of Missouri · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- La Presto v. La PrestoSupreme Court of Missouri · 1955
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Gray Ex Rel. Brokel v. ClementSupreme Court of Missouri · 1920
- State v. ArmstrongMissouri Court of Appeals · 1980
20 more not listed; retrieve them via the Exa API.