Boston v. Murray

• Citation: 7 S.W. 273,94 Mo. 175
• Parties: BOSTON et al. v. MURRAY.
• Decision Date: 20 February 1888
• Court: United States State Supreme Court of Missouri

7 S.W. 273

94 Mo. 175

BOSTON et al. v. MURRAY.

Supreme Court of Missouri.

February 20, 1888.

COURTS — PROBATE JURISDICTION — SEPARATE ESTATE OF MARRIED WOMAN.

The deed of an administrator to land sold for debts, contracted while his intestate was under coverture, passed no title under the ruling in Davis v. Smith, 75 Mo. 219, that the probate court had no jurisdiction to order the sale of lands in which a married woman had a separate estate, to pay debts contracted during coverture which in equity would be deemed a charge on the land.

Appeal from circuit court, Green county; M. G. McGREGOR, Judge.

Ejectment by T. Y. Boston et al., plaintiffs and appellants, against J. N. Murray, defendant and respondent.

F. S. Hefferman, for appellants. T. J. Murray and Jas. R. Vaughan, for respondent.

NORTON, C. J.

This suit is by ejectment to recover the possession of certain lands in Green county. The plaintiffs, in support of their title, put in evidence an administrator's deed which purported to convey to plaintiff the interest of one Charlotte Coleman. The plaintiff also put in evidence two deeds, one from John T. Berry and one from W. W. Woodward, conveying the land in controversy to S. H. Boyd, commissioner for Charlotte Coleman. It was also shown that said Charlotte Coleman entered into the possession of said lands in August, 1871, and occupied them till her death, in January, 1881, and that her husband died in March, 1884. Defendant, in support of his title, put in evidence deeds from the heirs of said Coleman, conveying to him the lands in suit; also a quitclaim deed from said S. H. Boyd, conveying all his interest to defendant. Defendant also introduced in evidence the proceedings in the chancery court of Maury county, Tennessee, had on the 27th of March, 1846, in a suit entitled John Bingham and others v. Samuel M. Majors et al., Heirs of Samuel Majors, Sr., the object of which suit was to partition certain land and slaves formerly of the estate of said Major, Sr., the father of Charlotte Coleman, and in this suit certain lands were set apart to said Charlotte, "to have and to hold to her sole and separate use, free from the control of her husband," subject, however, to the claim of one William W. Coleman, who claimed a mortgage lien on the land set apart for her. Afterwards this matter of the mortgage lien was settled between the said William W., Charlotte, and Thomas C. Coleman, her husband, and they all jointly conveyed the land to one William J. Strayborn, as trustee for said Charlotte, "for the sole use and benefit of said Charlotte, free from the control of her husband, the said Thomas C., and subject to the sole use and benefit of the said Charlotte, but only so far as to the use; but the said Charlotte is to have no power to dispose of the same by any conveyance during her life, and to descend to her children and their representatives then surviving at her death; to have and to hold to said William J. forever, as such trustee." This settlement and conveyance was reported and approved by said chancery court. These proceedings were recorded in the recorder's office of Green county in this state on the 10th June, 1857. Afterwards, in 1861, a suit was brought in said chancery court by Thomas C. Coleman and his wife, Charlotte,...