Buffington v. Carty

Citation195 Mo. 490,93 S.W. 779
PartiesBUFFINGTON v. CARTY.
Decision Date30 March 1906
CourtUnited States State Supreme Court of Missouri

Appeal from Circuit Court, Buchanan County; A. M. Woodson, Judge.

Action by William H. Buffington against Ella Carty. From a judgment for defendant, plaintiff appeals. Affirmed.

James W. Mytton, Chas. C. Crow, and Wm. B. Morris, for appellant. Eugene Silverman and C. F. Strop, for respondent.

BRACE, P. J.

On the 27th of November, 1883, the plaintiff and Mattie B. Scott intermarried. On the 28th of November, 1884, Mary D. Smith, who was the owner of lots 4 and 5, in block 23, in the original town, now city, of St. Joseph, Mo., by warranty deed of that date, duly executed, acknowledged, and recorded, for the consideration of $7,000, conveyed said real estate to the said Mattie B. Buffington, née Scott: "To have and to hold the aforesaid real estate and lots as and for her own separate property for her own use and benefit, free from the control of her husband, and for her separate use and benefit." On the 8th of February, 1886, a child was born, alive, to the said Mattie B. Buffington. On the 27th of March, 1886, the following decree of divorce was rendered by the circuit court of Cook county, Ill. "Mattie B. Buffington v. William H. Buffington. Bill. This day came again the said complainant by T. C. Whitside, Esq., her solicitor, and it appearing to the court that said defendant has had due notice of the pendency of this suit, by service of the summons herein on him personally according to the statute in such cases made and provided, that the default of said defendant was taken, and the complainant's bill of complaint herein taken as confessed by said defendant. And the court having heard the testimony taken in open court in support of said bill of complaint [a certificate of which evidence is filed herein], and now being fully advised in the premises, doth find that the complainant is an actual resident of Cook county, and has been a resident of the state of Illinois, as alleged in the bill, and that the defendant has been guilty of the acts of adultery with Nan Cohen and a woman by the name of Starr, as charged in the complainant's bill of complaint. On motion of said solicitor for the complainant, it is ordered, adjudged, and decreed and this court, by virtue of the power and authority therein vested, and the statute in such cases made and provided, doth order, adjudge, and decree that the bonds of matrimony heretofore existing between the complainant Mattie B....

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11 cases
  • Lieber v. Lieber
    • United States
    • Missouri Supreme Court
    • December 23, 1911
    ... ... Those facts show that there is no equity in her bill, or in the case made by her. Buffington v. Carty, 195 Mo. 490, loc. cit. 499, 93 S. W. 778. The court below 40 years after the divorce had been granted virtually retried it in this state ... ...
  • Lieber v. Lieber
    • United States
    • Missouri Supreme Court
    • December 23, 1911
    ... ... some years before his death, but made no complaint, there is ... no equity in her petition and it should be dismissed ... Buffington v. Carty, 195 Mo. 499. And these facts ... appearing from plaintiff's own petition and evidence it ... was not necessary for defendant to plead ... ...
  • Finley v. Farrar
    • United States
    • Missouri Supreme Court
    • May 4, 1943
    ... ... Tokash v. Workmen's Compensation Commission, 346 ... Mo. 100, 139 S.W.2d 978, 983; Buffington v. Carty, ... 195 Mo. 490, 499, 93 S.W. 779; Stockton v. Ransom, ... 60 Mo. 535, 538; National Union Fire Ins. Co. v ... Vermillion (Mo ... ...
  • Pike v. Pike
    • United States
    • Kansas Court of Appeals
    • April 1, 1946
    ... ... laches. State ex rel. Kennedy v. Hogan, 306 Mo. 580, ... 267 S.W. 619; Bennet v. Terry, 299 S.W. 147; ... Buffington v. Carty, 195 Mo. 490 ...           ...          Dew, J ... [193 S.W.2d 638] ...           [239 ... Mo.App. 658] ... ...
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