143 Mo. 576 | Mo. | 1898
This controversy is between the wife upon one side, and her husband and his tenant upon the other. It is concerning the possession of
The facts upon which we rest our judgment will sufficiently appear in the opinion. The points relied upon by appellant will be considered in the order in which they are presented upon the record.
I. Defendants, at the trial, interposed an objection to the introduction of any evidence, assigning as grounds therefor that the petition failed to state a cause of action. Hence it becomes necessary to make a condensed summary of plaintiff’s allegations. The petition states, that, at the time of the institution of this suit, plaintiff was the wife of defendant, Rufus C. Saekman; that she was the owner and entitled to the exclusive possession of the land in controversy; that it was her sole and separate property; that she and her husband were living separate and apart from each other-; that she had been excluded from any enjoyment of said land and defendant Saekman had placed his co-defendant Wilson in her residence, and that defendants were in the joint occupancy of the property; that prior to their separation her husband was guilty of such cruel conduct toward her that her life and health were endangered and that his treatment of her was such as to justify her in living separate and apart from him; that she undertook to take charge of her property and he struck and beat her with his fist. The value of the rents and profits is then alleged; and it is charged that the property had been damaged by defendants. The petition concludes with a prayer that plaintiff be placed in the sole and exclusive possession of the premises and that defendant Saekman be enjoined from interfering therewith, and for judgment for damages, rents and profits and for all proper
The question of its sufficiency was first raised at the trial by an objection to any evidence in its support. To sustain such an objection the petition must be so fatally defective that a motion in arrest would lie. Grove v. Kansas City, 75 Mo. 672. We agree with the trial court that the objection to the petition is not well taken. It is stated therein that plaintiff is the owner of the real estate in question, and that it is her sole and separate property. It is also alleged that her husband struck her and beat her with his fist, and was guilty of such cruel and inhuman treatment as to endanger her life and to justify her in living separate and apart from him. It is further averred that he had exclusive possession of the land, and was preventing plaintiff from enjoying any part of the rents and profits. While the petition contains other statements that may have been unnecessary, yet the above allega-tions are in it. These averments bring the plaintiff within the express provisions of section 6865, 2 Revised Statutes 1889, page 1609, authorizing a married woman to apply to the circuit court for a decree giving her the sole possession and control of real estate which she holds “in her own right,” where her husband by criminal conduct toward her, or ill usage, has given her cause to live separate and apart from him.
It is argued, however, that this statute only applies in cases where the wife has the legal title, and has no application where she has an equitable separate estate. The words “in her own right,” in the connection in which they are here used, should not be given a restricted or technical meaning. This is a remedial statute and was intended to provide a plain procedure by which a married woman could obtain the possession
If, however, the statute should not receive this construction, it can avail defendants nothing. The allegations of the petition are sufficient to authorize a court of equity, without reference to the statute, to protect the plaintiff in the enjoyment o.f her equitable separate estate, to make suitable provisions out of it for her support, and to prevent the husband, after forcing her to leave him, from taking exclusive possession of her property and appropriating to his sole use the rents and profits of the same. Walter v. Walter, 48 Mo. 140; Barclay v. Plant, 50 Ala. 509. Where a husband, by criminal conduct toward his wife or ill usage of her, gives her just cause co live separate and apart from him, and causes her so to do, she is entitled to be protected in the enjoyment of her real estate and the rents, issues and profits thereof, whether the legal title is vested in her, or she is simply the equitable owner and the husband holds the legal title in trust for her, and it can not be held that a petition setting out such facts fails to state a cause of action. The plaintiff’s petition, therefore, whether treated as a proceeding under the statute, or in equity, independent of the statute, is sufficient.
II. It is next objected that the evidence failed to establish the allegation of the petition, that defendant Sackman was guilty of conduct toward his wife which
III. The land sued for was conveyed to plaintiff by her husband, Rufus C. Sackman, on the fourteenth of April, 1894. It is included in a deed of separation, executed by both parties, and which, in addition to conveying the land to her, contains an agreement
IY. The judgment rendered by the circuit court is an ordinary one in ejectment against defendants for possession, damages, rents and profits. The decree should be that defendants be required to surrender