Jodd v. St. Louis, I. M. & S. Ry. Co.

• Citation: 259 Mo. 239,168 S.W. 611
• Decision Date: 23 June 1914
• Docket Number: No. 16692.,16692.
• Parties: JODD v. ST. LOUIS, I. M. & S. RY. CO.
• Court: United States State Supreme Court of Missouri

168 S.W. 611

259 Mo. 239

JODD v. ST. LOUIS, I. M. & S. RY. CO.

No. 16692.

Supreme Court of Missouri, Division No. 2.

June 23, 1914.

1. DOWER (§ 1) — ESTATE OF WIDOW — ADMEASUREMENT —LIMITATIONS.

At common law after the death of a husband, and prior to the admeasurement of dower the widow had no estate in the lands of which her husband died seised, but merely a right to have her dower assigned, to which limitations did not apply.

2. DOWER (§ 75)—ASSIGNMENT—LIMITATIONS.

Where a husband died in 1879 seised of certain land in controversy, his widow's right to have dower assigned was barred in 1897, ten years after Act March 22, 1887 (Laws 1887, p. 177), took effect, even if Rev. St. 1889, § 4558, now Rev. St. 1909, § 391, barring the widow's right ten years after the husband's death was void as to her.

Appeal from St. Louis Circuit Court; James E. Withrow, Judge.

Action by Genevieve Jodd against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for defendant, and plaintiff appeals. Affirmed.

This is a suit for the recovery of dower in certain real estate in St. Louis, and was begun in the year 1910.

The petition alleges the marriage of plaintiff with Michael Jodd in 1848, and that said Michael Jodd was seised of the land in his lifetime; that he died in 1879, and that defendant entered the land in 1907, and was in such possession at the institution of the suit and wrongfully deforced plaintiff of her dower. There was a prayer for the admeasurement of her dower, for damages, and for monthly rents and costs. There was a demurrer to the petition, on the grounds that it stated no cause of action, and that plaintiff's action was barred by section 391 of the Revised Statutes. The demurrer was sustained. The plaintiff declined to further plead, and judgment went against her, from which she has appealed.

H. K. Bunch and Ernest C. Dodge, both of St. Louis, for appellant. James F. Green, of St. Louis, for respondent.

ROY, C. (after stating the facts as above).

At common law after the death of the husband and prior to the admeasurement of dower, the widow had no estate in the land of which her husband died seised, but merely a right to have her dower assigned. The statute of limitations, prior to 1887, did not apply to such action for assignment of dower. By the act of March 22 1887 (Laws 1887, p. 177), it was required that such action shall be brought within ten years after the act took effect or within ten years after the death of the...