Roberts v. Ware
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. The widow being the bead of the family, the domicile of the minor children must follow hers, and if she sell and convey the homestead and abandon it, the- children are bound.
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Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. The widow being the bead of the family, the domicile of the minor children must follow hers, and if she sell and convey the homestead and abandon it, the- children are bound. Howe v. Adams, 28 Vt. 545 ; Wright v. Dunning, 46 Ill. 271; Danton v. Woodbury, 24 Iowa 74; Orman v. Orman, 26 Iowa 861; Tadlock v. JEJccles, 20 Tex. 792; Brewer v. Wall, 28 Tex. 589; Thompson on Home., § 570. Plaintiffs are entitled to the possession of the premises as the minor children of their deceased father. Wag. Stat., p. 698, § 5 ; Skouien v. Wood, 57…
1Opinion of the Court
Ewing, C.
This is a suit in ejectment, by plaintiffs against the defendant, to recover possession of the south half of the southwest quarter section 14, township 65, range 37, containing eighty acres; and also a certain part of lot 4 of the northwest fractional quarter of section 20, township 65, range 37. The defendant, after denying specifically the allegations in the petition, says :
Defendant, for further answer and defense, states that on or about the-day of January, 1874, David Roberts died intestate; that prior to and at the time of his death, he was the husband of one Elizabeth Roberts,…
2Cases cited4 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Canole v. HurtSupreme Court of Missouri · 1883
- French v. StrattonSupreme Court of Missouri · 1883
- Freund v. McCallSupreme Court of Missouri · 1881
3Cited by5 opinions
- Hoppe v. HoppeCalifornia Supreme Court · 1894
- Hufschmidt v. GrossSupreme Court of Missouri · 1892
- Phillips v. PressonSupreme Court of Missouri · 1903
- Kochling v. DanielSupreme Court of Missouri · 1884
- Linville v. HartleySupreme Court of Missouri · 1895