Strickler v. Tracy
Decision Date | 31 October 1877 |
Citation | 66 Mo. 465 |
Parties | STRICKLER et al., Appellants, v. TRACY. |
Court | Missouri Supreme Court |
Appeal from Holt Circuit Court.--HON. HENRY S. KELLEY, Judge.
Collins & Dugan for appellants.
Woodson for respondent.
Mrs. Strickler claimed and sues for dower in a certain lot in Mound City, her present husband being joined with her as co-plaintiff. The case was tried on an agreed state of facts, whose statements are made with little regard to precision, and are, in some particulars, in flat contradiction of each other. The court seems to have acted on an express admission that “the female plaintiff relinquished all of her dower in said tract of land, except in and to the one-eighth part thereof, retained by her husband, &c.” and a finding was accordingly made
This judgment, though in accordance with the statute, (1 W. S., §27, p. 543,) and good so far as it goes, is not a final judgment, but merely an interlocutory one, and is similar in this respect to one, that partition be made, McMurtry v. Glascock, 20 Mo. 432. 2 W. S., § 12, p. 968. It is quite obvious that although the widow is declared entitled to dower, and the proportion thereof, yet she is left in the same situation as though she had brought no action. The sections subsequent to section 27 supra, as well as the decisions of this court, furnish a guide as to the proper course to be taken.
The yearly value of a widow's dower must be ascertained, and this regardless of the fact that the land is not susceptible of division. (§ 31.) The agreed statement...
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