Williams v. Williams
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Bern. David H. Harris, Judge. (1) The wife has such an interest in the homestead that it cannot be mortgaged or sold by the husband without she joins in the mortgage or deed. 2 B. S. 1909, sec. 6704; Bushnell v. Loomis, 234 Mo. 371. (2) The wife, by joining in a mortgage or cleed of trust only surrenders her homestead rights to the extent necessary for the purposes of the mortgage. The homestead remains in the equity of redemption.
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Appeal from Boone Circuit Court. — Bern. David H. Harris, Judge. (1) The wife has such an interest in the homestead that it cannot be mortgaged or sold by the husband without she joins in the mortgage or deed. 2 B. S. 1909, sec. 6704; Bushnell v. Loomis, 234 Mo. 371. (2) The wife, by joining in a mortgage or cleed of trust only surrenders her homestead rights to the extent necessary for the purposes of the mortgage. The homestead remains in the equity of redemption. State' ex rel. v. Mason, 88 Mo. 222; Beed Bros. v. Nicholson, 189 Mo. 396. (3) As the property, sub-. ,iect to the deed of…
1Opinion of the CourtJohnson, J.
This is an action in equity for the enforcement of a right of homestead claimed by plaintiff. On final hearing the court dismissed the bill and rendered judgment against plaintiff for costs.
Plaintiff and defendant were married in 1894, and lived together as husband and wife in the city of Columbia until April, 1910, when defendant, apparently without just cause, abandoned plaintiff and went to live with his mother who also resides in Columbia. Prior to the abandonment the family occupied a homestead acquired by them in 1901. This property, the title to which was vested in the husband, was…
2Cases cited3 opinions
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Blandy v. AsherSupreme Court of Missouri · 1880
- Elstroth v. YoungMissouri Court of Appeals · 1900
3Cited by2 opinions
- Wainscott v. HaleyMissouri Court of Appeals · 1914
- City of Rockport Ex Rel. Lynch-McDonald Construction Co. v. McMichaelMissouri Court of Appeals · 1926