State ex rel. Schneider v. Hull
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Row. W. K. James, Judge. (1) The defendant is entitled to a homestead exempt from execution in and to the entire tract in controversy, it being less than eighteen square rods and in a city of over forty thousand inhabitants. R. S. 1899, sec. 3616. (2) And that St. Joseph is a city of over one hundred thousand inhabitants, as shown by the last United States census, this court will take judicial notice.
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Appeal from Buchanan Circuit Court. — Row. W. K. James, Judge. (1) The defendant is entitled to a homestead exempt from execution in and to the entire tract in controversy, it being less than eighteen square rods and in a city of over forty thousand inhabitants. R. S. 1899, sec. 3616. (2) And that St. Joseph is a city of over one hundred thousand inhabitants, as shown by the last United States census, this court will take judicial notice. Dunne v. Railway, 131 Mo. 1; State ex rel. v. Kerrmann, 75 Mo. 354. (3) The defendant is entitled to such homestead exemption where its value does not…
1Opinion of the CourtEllison, J.
A judgment was obtained against Thomas Maney in the Buchanan Circuit Court which was afterwards assigned to this relator. Maney was the owner of a homestead which he mortgaged to the school fund of such county for borrowed money, and in which mortgage he empowered the sheriff to sell the land if he defaulted in payment of the sum borrowed. He did default and the sheriff, in pursuance of the power, sold the homestead for $2,017.10 in excess of the sum due on the mortgage. The sheriff at this time had *707in Ms hands an execution on a judgment'for $13,000, But he turned over the surpMs sum arising…
2Cases cited13 opinions
- West v. McMullenSupreme Court of Missouri · 1892
- Amphlett v. HibbardMichigan Supreme Court · 1874
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Farra v. QuiglySupreme Court of Missouri · 1874
- First National Bank v. BakerSupreme Court of Iowa · 1881
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3Cited by5 opinions
- Field v. GoatSupreme Court of Oklahoma · 1918
- Milberger v. VeselskySupreme Court of Kansas · 1916
- Klotz v. RhodesSupreme Court of Missouri · 1912
- Harris v. MeredithMissouri Court of Appeals · 1904
- Zollinger v. DunnawayMissouri Court of Appeals · 1904