Casteel v. Potter
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The mansion house and plantation were sold by the executor under order of the probate court for the payment of debts, and out of the proceeds received by him the executor paid off and discharged said deeds of trust. Until dower was assigned her, appellant was and is entitled to the widow’s quarantine in said land.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The mansion house and plantation were sold by the executor under order of the probate court for the payment of debts, and out of the proceeds received by him the executor paid off and discharged said deeds of trust. Until dower was assigned her, appellant was and is entitled to the widow’s quarantine in said land. E. S. 1899, sec. 4533; Casler v. Gray, 159 Mo. 589; Gentry v. Gentry, 122 Mo. 220; Sweaney v. Mallory, 62 Mo. 485; Orrick v. Robbins, 34 Mo. 226; Agan v. Shannon, 103 Mo. 388; Parker v. Barker, 17 Mass. 564; Casler…
1Opinion of the Court
In Banc.
MARSHALL, J.
The following opinion heretofore rendered in Division One is hereby adopted as the opinion of the Court in Banc, with the express understanding, however, that what is herein said shall not preclude the defendants, upon a trial anew, from relying upon and showing that the plaintiff abandoned the premises, or that she is estopped to claim quarantine. Robinson, G. J., and Brace, Gantt, Burgess and Fox, JJ., concur; Valliant, J., dissents.
In Division One.
MARSHALL, J.
This is an action by the widow
of Thomas H. Casteel for her quarantine in about three hundred and forty acres of…
2Cases cited5 opinions
- Carey v. WestSupreme Court of Missouri · 1897
- Atkinson v. StewartSupreme Court of Missouri · 1870
- Jones v. BraggSupreme Court of Missouri · 1863
- Sweaney v. MallorySupreme Court of Missouri · 1876
- Casler v. GraySupreme Court of Missouri · 1901
3Cited by4 opinions
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Farmers Drainage Dist. v. Sinclair Refining Co.Supreme Court of Missouri · 1953
- Murawski v. MurawskiMissouri Court of Appeals · 1948
- Brown v. BibbSupreme Court of Missouri · 1947