Rush v. Brown
Supreme Court of Missouri
Appeal from Buchanan Circuit Coxcrt. This is an appeal from the decision of the circuit court of Buchanan county, sustaining defendants’ demurrer to plaintiff ’s amended petition for specific performance of .an agreement to convey the real property of respondent Mary L. Brown, a married woman, held as her legal (not statutory or separate) estate. Defendants are husband and wife.
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Appeal from Buchanan Circuit Coxcrt. This is an appeal from the decision of the circuit court of Buchanan county, sustaining defendants’ demurrer to plaintiff ’s amended petition for specific performance of .an agreement to convey the real property of respondent Mary L. Brown, a married woman, held as her legal (not statutory or separate) estate. Defendants are husband and wife. The material facts on which relief is asked in the petition are these: That before the twenty-fifth day of February, A. D. 1887, the defendants, and each of them jointly and in the presence of each other, made,…
1Opinion of the CourtBarclay, J.
Under our statutes and the uniform construction of them that has for many years prevailed, a married woman cannot be compelled to specifically perform a contract for the sale of her legal estate in land. R. S. 1889, secs. 2396 and 2397; Shroyer v. Nickell, 55 Mo. 264.
■ So well established is this rule, that we are disposed to stop with the briefest announcement of it rather than to hazard obscuring it by elaboration.
II. The prayer of the petition here is for specific performance and general relief. A general demurrer to the petition having been sustained and the case brought here in that…
2Cases cited2 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
3Cited by9 opinions
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Vogelsong v. St. Louis Wood Fibre Plaster Co.Missouri Court of Appeals · 1910
- Gelinas v. BuffumCourt of Appeals for the Ninth Circuit · 1931
- United States v. Sloan Shipyards Corp.District Court, W.D. Washington · 1920
- Clay v. MayerSupreme Court of Missouri · 1904
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