Reily v. Bates
Supreme Court of Missouri
Error to St. Louis Land Court. This suit was commenced at the March term, 1854, of the St. Louis Land Court, by Mary Reily, to recover her dower in one undivided two thirds part of lot No. 28 in John P. Reily’s addition, &g. The defendant answered, admitting the demandant’s right; but in his answer, to avoid the payment of allowance in lieu of an assignment in kind, offered to have set off to her a quantity of land greater than she was entitled to.
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Error to St. Louis Land Court. This suit was commenced at the March term, 1854, of the St. Louis Land Court, by Mary Reily, to recover her dower in one undivided two thirds part of lot No. 28 in John P. Reily’s addition, &g. The defendant answered, admitting the demandant’s right; but in his answer, to avoid the payment of allowance in lieu of an assignment in kind, offered to have set off to her a quantity of land greater than she was entitled to. Upon this answer, judgment was given for the demandant that her dower be assigned her, and commissioners were appointed to set off the same. The…
1Opinion of the CourtFagg, Judge
This suit was instituted in the St. Louis Land Court. The defendant in error (plaintiff below), as the widow of John P. Eeily, deceased, claimed to be entitled to dower in the undivided two thirds of a vacant lot of ground situate in *471the city of St. Louis. The defendant Bates admitted in his answer the right of the plaintiff, coupled with an offer to have the same admeasured and set apart to her in a quantity even larger than in strictness of right she might be entitled to. This offer was afterwards and before the trial extended to a surrender of the entire ground to the plaintiff for and…
2Cases cited1 opinion
- Riley v. Clamorgan & RippeySupreme Court of Missouri · 1851
3Cited by5 opinions
- Rannels v. Washington UniversitySupreme Court of Missouri · 1888
- Griffin v. ReganSupreme Court of Missouri · 1883
- O'Flaherty v. SuttonSupreme Court of Missouri · 1872
- Bartlett v. BallMissouri Court of Appeals · 1902
- Carlin v. MulleryMissouri Court of Appeals · 1899