Bray v. Conrad

• Decision Date: 30 June 1890
• Citation: Bray v. Conrad, 101 Mo. 331, 13 S.W. 957 (Mo. 1890)
• Parties: BRAY v. CONRAD.
• Court: Missouri Supreme Court

13 S.W. 957

101 Mo. 331

BRAY v. CONRAD.

Supreme Court of Missouri.

June 30, 1890.

DEED — QUITCLAIM — DOWER RIGHT.

A wife having joined her husband in a deed of trust releasing her dower, and having taken after his death an assignment of the debt secured, her deed, made in consideration of its payment, releasing and quitclaiming the land to a vendee at a sale by the husband's administrator, conveys all interests pledged for the payment of the debt, including her dower.

Appeal from circuit court, Barton county; D. P. STRATTON, Judge.

John B. Cole, for appellant. Buler & Timmonds, for respondent.

BRACE, J.

This is an action for the assignment of dower, and damages for the deforcement thereof, in 40 acres of land in Barton county, Mo. The action was tried before the court without a jury. Judgment for defendant, and the plaintiff appeals.

Nathan Bray died in 1879 seised in fee-simple of the premises, leaving plaintiff, his widow, surviving him. Previous to his death, in the year 1876, he executed a deed of trust upon a large body of land which he owned, including this 40-acre tract, to secure a debt to one Allen, in which his wife, the plaintiff, joined, releasing her dower for the purposes of said trust. This debt remained unpaid at his death, and plaintiff became the owner and assignee thereof by purchase after his death. At a sale of real estate by the administrator of Nathan Bray, deceased, R. B. Conrad became the purchaser of the premises for the sum of $163.50, that being the amount of his bid at such sale, and on the 8th of November, 1880, received the administrator's deed therefor. On the 17th of December, 1880, the plaintiff executed and delivered to said Conrad the following deed to the premises:

"Whereas, Nathan Bray and Martha Bray, his wife, by their deed dated the 1st day of June, 1876, did convey to Henry C. Wilson, as their trustee for Norman O. Allen, by way of mortgage, the property hereinafter described, to secure the part payment of the debt in said deed described; and whereas, the said R. B. Conrad has paid to Martha Bray, the present owner of the said debt so secured, the sum of one hundred and sixty-three dollars and fifty cents ($163.50:) Now, therefore, know all men by these presents, that I, Martha Bray, in consideration of partial satisfaction of said debt, do release and quitclaim unto the said R. B. Conrad, his heirs and assigns, the property in said deed described as follows, to-wit, the north-east quarter of the south-west quarter of section No. seventeen, township No. thirty-three, range thirty-two west, containing in all forty acres, more or less. Witness my hand and seal this 17th day of December, 1880. [Signed] MARTHA BRAY. [Seal.]"

"State of Missouri, county of Greene — ss.: Be it remembered that on the 17th day of December, 1880, before the undersigned, a notary public within and for the county of Greene, personally came Martha Bray, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument of writing as a party thereto, and acknowledged the same to be her act and deed for the purpose therein mentioned, and said ...