Graves v. Cochran

Citation68 Mo. 74
PartiesGRAVES v. COCHRAN, Appellant.
Decision Date31 October 1878
CourtUnited States State Supreme Court of Missouri

Appeal from Boone Circuit Court.--HON. G. H. BURCKHARTT, Judge.

This was a suit for partition of a tract of land in Boone county, belonging to the estate of William Cochran, deceased. Defendant was widow of deceased, and the premises in question had been their homestead. Being found not to be susceptible of partition in kind, the property was sold by order of the court, bringing $7,900. Defendant, thereupon, moved the court to order the payment of $1,500 to her in lieu of her homestead right in the land, and that she be adjudged endowed of the residue of the purchase money as if the same were land, that is, that $1,133.33 be set apart for her use during her natural life, or that the commuted value thereof be paid to her in cash. Upon the hearing of this motion the defendant prayed the court to declare the law to be as follows: Defendant, as widow, is entitled to have set off to her as, and for her homestead, and in lieu thereof, $1,500 out of the money derived from the sale of her deceased husband's lands--and she is also entitled to dower out of the residue of the net proceeds of such sale, provided, that said homestead (in money) does not exceed one-third part of the whole net proceeds of the sale of said lands, and if dower so estimated out of the proceeds is commuted into so much money, it should be done by calculating the present value of what would be the amount of interest at six per cent. on the principal, derived by deducting the $1,500 homestead from the net third of the proceeds of sale.”

The court refused this prayer, and made the following declaration of law: “The dower interest in the money realized from the sale of the real estate after deducting therefrom all costs, and after deducting her homestead interest therein, should be ascertained, commuted and paid to defendant, provided her said homestead should not exceed her dower interest, and this to be determined by ascertaining the present value of one-third of the net proceeds of the sale on the basis of calculation fixed by the so-called Northampton Annuity Tables.”

The court then found that the dower of defendant did not exceed the homestead, and ordered that she be paid in cash the sum of $1,500, less the sum of $326.78, which was admitted to be the amount of the unpaid taxes assessed and levied on all said land since the death of said William Cochran, deceased. It was admitted that all said land was, during that time, occupied by defendant.

S. Turner and MacFarlane & Trimble for appellant.

O. Guitar for respondent.

1. HOMESTEAD AND DOWER: dower, how computed: Northampton tables.

HENRY, J.

This case involves a construction of the homestead act in connection with that in relation to dower. Before the passage of the homestead act, the widow was entitled to be endowed of the third part of all the lands whereof her husband was seized of an inheritance, and in partition proceedings, if it became necessary to sell the land, she was entitled to an annuity equivalent to one-third of the...

To continue reading

Request your trial
26 cases
  • Schowe v. Kallmeyer
    • United States
    • Missouri Supreme Court
    • September 13, 1929
    ...of Rohlfing and not chargeable with or liable for any taxes; or for any charge or allowance due for or on account of said fee. Graves v. Cochran, 68 Mo. 74; Moore v. White, 61 Mo. 441; Ailey v. Burnett, 134 Mo. 313; Mahoney v. Nevins, 190 Mo. 360; 21 Cyc. 580, 581. The exemption of the home......
  • Michigan Fire Ins. Co. v. Magee, Etc.
    • United States
    • Missouri Court of Appeals
    • February 7, 1949
    ...Mo., 1939. (3) The interest of defendant Julia E. Magee was her dower interest in the property, the value of which was $1606.18. Graves v. Cochran, 68 Mo. 74; Chrisman v. Linderman, 202 Mo. 605, 621, 100 S.W. 1090; Coleman v. Coleman, 122 Mo. App. 715, 718, 99 S.W. 459; Secs. 306, 318, 328,......
  • Schowe v. Kallmeyer
    • United States
    • Missouri Supreme Court
    • September 13, 1929
    ...of Rohlfing and not chargeable with or liable for any taxes; or for any charge or allowance due for or on account of said fee. Graves v. Cochran, 68 Mo. 74; Moore v. White, 61 Mo. 441; Ailey Burnett, 134 Mo. 313; Mahoney v. Nevins, 190 Mo. 360; 21 Cyc. 580, 581. The exemption of the homeste......
  • Michigan Fire & Marine Ins. Co. v. Magee
    • United States
    • Kansas Court of Appeals
    • February 7, 1949
    ...Mo., 1939. (3) The interest of defendant Julia E. Magee was her dower interest in the property, the value of which was $ 1606.18. Graves v. Cochran, 68 Mo. 74; Chrisman v. Linderman, 202 Mo. 605, 621, 100 1090; Coleman v. Coleman, 122 Mo.App. 715, 718, 99 S.W. 459; Secs. 306, 318, 328, 608,......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT