Mills v. Mills
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Did T. A. Mills abandon bis homestead rights in the particular land described in plaintiffs’ petition, and acquire a new homestead in the town lots purchased and occupied by him and his family in Brookline? Kaes v. Gross, 92 Mo. 647; Thompson on Homes and Exemp. 212, sec. 255. (2) The homestead means the home., place — th'e place where the house is, — it is the home, the house and adjoining land where the…
Read the full summary
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Did T. A. Mills abandon bis homestead rights in the particular land described in plaintiffs’ petition, and acquire a new homestead in the town lots purchased and occupied by him and his family in Brookline? Kaes v. Gross, 92 Mo. 647; Thompson on Homes and Exemp. 212, sec. 255. (2) The homestead means the home., place — th'e place where the house is, — it is the home, the house and adjoining land where the head of the family dwells. Gr. S. 1865, p. 450, secs. 1, 2, 5; Hoytv. Well, 36 N. H. 158; Hyatt v. Spearman, 20 Iowa,…
1Opinion of the CourtBarclay, P. J.
— This action is designed to effect a partition of the. estates of the heirs at law of Mr. T. A. Mills, deceased, in certain real property in Greene county. It does not appear necessary to state the pleadings. The substance of the controversy can be outlined more shortly.
The chief issue is whether or not the land was the homestead of Mr. Mills at the time of his death. Defendants contend that it was. Plaintiffs assert that the place had been abandoned by him as a homestead in the manner described further on. Plaintiffs and defendants are heirs of Mr. and Mrs. Mills; but the plaintiffs’ claim…
2Cases cited3 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Schorr v. EtlingSupreme Court of Missouri · 1894
- Weatherford v. KingSupreme Court of Missouri · 1893
3Cited by4 opinions
- Peoples State Bank v. HillSupreme Court of Kansas · 1928
- Tanner v. TannerMissouri Court of Appeals · 1918
- Overfield v. OverfieldSupreme Court of Missouri · 1930
- Holmes v. NicholsMissouri Court of Appeals · 1902