Schaffer v. Beldsmeier
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Under tbe present homestead act, the land used as a homestead passes, upon the death of the uwner, to his widow for life, and tó his children during minority. Subject to this' right of the widow and minors, the homestead may be sold to pay debts. The creditors, therefore, have an interest therein, under the existing law.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Under tbe present homestead act, the land used as a homestead passes, upon the death of the uwner, to his widow for life, and tó his children during minority. Subject to this' right of the widow and minors, the homestead may be sold to pay debts. The creditors, therefore, have an interest therein, under the existing law. In this respect there is a difference between the homestead act of 1875, and the act as it stood prior to amendment. R. S. 1889, sec. 5439. ( 2) A voluntary conveyance of land, in which there is such…
1Opinion of the CourtSherwood, P. J.
Under former statutory provisions relating to homesteads, the land covered by a homestead was wholly exempt from all liability for debt, exempt from attachment and execution. The husband took a fee-simple title which passed to his widow and minor heirs. Skouten v. Wood, 57 Mo. 380. This being the case, it was properly ruled that such a thing as a fraudulent conveyence of a homestead could not exist, *316for the reason that such homestead being exempt, etc., could not in the nature of things be fraudulent as to creditors, who had not nor could acquire any interest in such exempt property. Vogler…
2Cases cited3 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Skouten v. WoodSupreme Court of Missouri · 1874
- Poland v. VesperSupreme Court of Missouri · 1878
3Cited by9 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Keene v. WyattSupreme Court of Missouri · 1901
- Armor v. LewisSupreme Court of Missouri · 1913
- Broyles v. CoxSupreme Court of Missouri · 1899
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