Morrow v. Zane
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two — Eon. David E. Blair, Judge. (1) The right of homestead is purely a creature of statute. Bank v. Eagle Grove v. Daugherty et al., 167 Mo. 1. (2) When respondent asserted her right of homestead the burden was upon her to show that her husband had not exercised the right of exemption, as it is only in cases where the husband has not made a claim that the wife can do so. Sec. 8304, R. S. 1909. White v. Smith, 104 Mo.
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Appeal from Jasper County Circuit Court, Division Number Two — Eon. David E. Blair, Judge. (1) The right of homestead is purely a creature of statute. Bank v. Eagle Grove v. Daugherty et al., 167 Mo. 1. (2) When respondent asserted her right of homestead the burden was upon her to show that her husband had not exercised the right of exemption, as it is only in cases where the husband has not made a claim that the wife can do so. Sec. 8304, R. S. 1909. White v. Smith, 104 Mo. App. 199. (3) If the property was not the homestead of respondent’s husband, then the sale made to her within four…
1Opinion of the Court
*117OPINION.
FARRINGTON, J.
It is readily seen from' the foregoing statement that plaintiffs had a judgment against the defendant and that an execution had been issued thereon. There is no reason apparent why the court should have quashed the execution because the judgment gave the plaintiffs the right to an execution.
Plaintiffs contend that because of F. H. Zane’s action in the bankruptcy proceeding, with reference to his statement as to the homestead, he had thereby claimed his homestead, and having done so, that defendant is not protected under section 8304, Revised Statutes 1909, providing that…
2Cases cited5 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Hoffman v. NolteSupreme Court of Missouri · 1895
- Nold v. OzenbergerMissouri Court of Appeals · 1911
- Kennedy's Administrator v. DuncanMissouri Court of Appeals · 1911