Gross v. Lange
| Decision Date | 31 October 1879 |
| Citation | 70 Mo. 45 |
| Parties | GROSS v. LANGE, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to Franklin Circuit Court--HON. A. J. SEAY, Judge.
REVERSED.
Action for assignment of dower and damages for the deforcement thereof by the defendant. The facts are in the opinion.
L. C. Krauthoff with John P. Martin for plaintiff in err
Before the widow can be entitled to dower, the husband, or some other person to his use, must have been seized, either in fact or in law, of an estate of inheritance in the land during the coverture. Wag. Stat., § 1, p. 538. If, prior to the marriage, the land is either alienated by the husband or sold in satisfaction of a judgment rendered against him, the right of dower of his wife in the land is thereby defeated. 1 Scribner on Dower, § 1, p. 556; § 29, p. 572.
A conveyance of land without consideration, in fraud of creditors, is not absolutely void, but only voidable; it is good as against the grantor and his heirs. It can only be avoided by creditors, and by them only to an extent sufficient to satisfy their debts. It is not pretended that the title was passed out of Jeffries in fraud of his wife, or even in contemplation of marriage. The fraudulent deed was made nearly two years before plaintiff's marriage with him; it was not avoided during the coverture. The wife could have no greater claim upon the estate than the husband himself, and no right of dower existed in her. 1 Scribner on Dower, § 7, p. 558; § 14, p. 563; Whithead v. Mallory, 4 Cush. 138. The plaintiff, as dowress, could not have maintained an action in a court of equity to set aside these deeds; this was personal to the creditors. Then she cannot secure indirectly what she could not have directly.
J. C. Kiskaddon for defendant in error.
This was a proceeding by the plaintiff for assignment of dower. On the 7th of September, 1864, A. W. Jeffries was the owner of the land described in plaintiff's petition. On the 3rd day of October, 1865, said land was sold under execution against said Jeffries, and was conveyed by the sheriff to one Thomas Crow, A. W. Jeffries having furnished the purchase money. In January, 1867, the plaintiff married said Jeffries. On the 23rd day of March, 1870, Crow conveyed said property to the children of Jeffries, and on the same day executed a conveyance of an undivided fourth of the same property to Louis Wehrmann in trust for the plaintiff herein, who was then his wife. On the 9th day of June, 1874, the circuit court of Franklin county, in a proceeding instituted by the creditors of said A. W. Jeffries for that purpose, set aside the deeds of Crow to the wife and...
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