Smith v. Enos
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Host. H. S. Kelley, Judge. (1) The land in suit was not liable for the debt for which the levy of the execution and the sale of the land was made. Eppler, under whom the appellant claims, acquired a homestead in the lands in Atchison county in 1870, and merged the same in the land in suit in 1874, by exchanging his homestead with Walkup for it.
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Appeal from Holt Circuit Court. — Host. H. S. Kelley, Judge. (1) The land in suit was not liable for the debt for which the levy of the execution and the sale of the land was made. Eppler, under whom the appellant claims, acquired a homestead in the lands in Atchison county in 1870, and merged the same in the land in suit in 1874, by exchanging his homestead with Walkup for it. The time, therefore, of acquiring the homestead would date from the time of the filing the deed to the first homestead, and not to the time of the filing the deed to the land in which the homestead was merged. The…
1Opinion of the CourtNorton, C. J.
This is a suit in ejectment to recover
possession of certain land in Holt county. On the trial plaintiffs obtained judgment from which the defendant has appealed. It is conceded that both plaintiffs and defendant claim through one Eppler as the common source of title.
The following facts appear in the record, viz. : That said Eppler acquired a homestead on forty acres of land, in Atchison county, by deed dated April 2, 1870, which was duly recorded on that day; that he, with his family, occupied said land as his homestead from that time until the fifteenth of October, 1874, at which time he…
2Cases cited2 opinions
- Farra v. QuiglySupreme Court of Missouri · 1874
- Creath v. DaleSupreme Court of Missouri · 1884
3Cited by3 opinions
- Keeline v. SealySupreme Court of Missouri · 1914
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
- Rose v. SmithSupreme Court of Missouri · 1902