Legal Opinion

Grimes v. Portman

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 6 opinions

Appeal from Grundy Circuit Court. — TIon. G. D. Buegess, Judge. (1) The homestead exemption is a personal privilege, which cannot be transferred to a stranger. Eberhart's Appeal, 80 Amer. Dec. 536; Thompson on Homesteads, sec. 452; United States v. Grundy, 3 Crunch, 337; Best v. Jenlcs, 13 West. Rep. (111.) 281; Kent v. Holland, 10 Mo. 259; Shuyler v. Miller, 11 West.

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Appeal from Grundy Circuit Court. — TIon. G. D. Buegess, Judge. (1) The homestead exemption is a personal privilege, which cannot be transferred to a stranger. Eberhart's Appeal, 80 Amer. Dec. 536; Thompson on Homesteads, sec. 452; United States v. Grundy, 3 Crunch, 337; Best v. Jenlcs, 13 West. Rep. (111.) 281; Kent v. Holland, 10 Mo. 259; Shuyler v. Miller, 11 West. Rep. 256; Welch v. Anderson, 28 Mo. 293; Davidson v. Davis, 86 Mo. 440; Casebolt v. Donaldson, 67 Mo. 308; R. S. 1879, secs. 2690, 2693, 2369. (2) The Chris-man judgment under which the defendant claims title was a prior lien to…

1Opinion of the CourtRat, C. J.

This is an action of ejectment, the petition being in the ordinary form. It was originally instituted against defendant Portman alone, but, after-wards, the Union Bank, upon its own motion, was also made a defendant, and defendants answered jointly by a general denial. The defendant bank, by deed, dated in March, 1883, conveyed the lands involved herein to defendant Portman, who was, when the suit was brought, in possession of the premises. The case was tried to the court without a jury, and judgment had for plaintiff, from which defendants have appealed.

Plaintiff claims title under a deed of…

2Cases cited3 opinions

  1. Beckmann v. MeyerSupreme Court of Missouri · 1882
  2. State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
  3. Holland v. KreiderSupreme Court of Missouri · 1885

3Cited by6 opinions

  1. Macke v. ByrdSupreme Court of Missouri · 1895
  2. Hart v. LeeteSupreme Court of Missouri · 1891
  3. Meyer Bros. Drug Co. v. BybeeSupreme Court of Missouri · 1904
  4. Eagle v. SmylieMichigan Supreme Court · 1901
  5. Mills v. McDanielsMissouri Court of Appeals · 1894

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