Sprague v. Rooney
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. v (1) Mrs. Rooney at time contract was entered into with Bessie Sprague was a feme covert, and under the decision in Marlin v. Colburn, 88 Mo., page 229, her husband must join her in making a conveyance of her separate estate ; yet it must not be forgotten that she did not have the “jus disponendi" of this property ; the trust was created for her heirs as well as her, and she must comply with the conditions of…
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. v (1) Mrs. Rooney at time contract was entered into with Bessie Sprague was a feme covert, and under the decision in Marlin v. Colburn, 88 Mo., page 229, her husband must join her in making a conveyance of her separate estate ; yet it must not be forgotten that she did not have the “jus disponendi" of this property ; the trust was created for her heirs as well as her, and she must comply with the conditions of the deed before the trustee would have been warranted in conveying. In this case Mrs. Rooney has neither complied with the…
1Opinion of the CourtSherwood, P. J.
— This cause has been here before, and reported in 82 Mo. 493. It is and was an equitable proceeding for specific performance of the following contract :
“ This article of agreement entered into this twentieth day of February, 1878, by and between Catherine of the one part and Bessie Stevenson, of the second part, witnesseth: That the said Catherine has this day bargained and sold, to said Bessie Stevenson for the sum of $2,500, the following real estate lying and being in the city of Kansas, county of Jackson, state of Missouri, namely : Lot number 11, block 3, Lykin’s addition to the City of…
2Cases cited15 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
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3Cited by33 opinions
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
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- McDearmott v. SedgwickSupreme Court of Missouri · 1897
- Keim v. VetteSupreme Court of Missouri · 1902
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