Fenwick v. Wheatley
Missouri Court of Appeals
Error to the Lincoln County Circuit Court, Elijah Bobinson, Judge. The commissioner’s appraisement is conclusive after the lapse of the term of court, and can not be set aside except for fraud or mistake. Thompson on Homesteads, sects. 667-8 ; Barney v. Leeds, 54 N. H. 128; Freeman on Judgments, sect. 531. The plaintiff by participating in the sale, receiving a part of the ■Sale, etc., is estopped, from questioning the validity of the homestead proceedings.
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Error to the Lincoln County Circuit Court, Elijah Bobinson, Judge. The commissioner’s appraisement is conclusive after the lapse of the term of court, and can not be set aside except for fraud or mistake. Thompson on Homesteads, sects. 667-8 ; Barney v. Leeds, 54 N. H. 128; Freeman on Judgments, sect. 531. The plaintiff by participating in the sale, receiving a part of the ■Sale, etc., is estopped, from questioning the validity of the homestead proceedings. Austin v. Loring, 63 Mo. .19 ; Slogel v. Murdock, 65 Mo. 522. In a proceeding of the character of the one at bar, the action of the…
1Opinion of the CourtRombauer, J.
The petition states in substance that the plaintiff obtained a judgment against the defendant for $2001.36 and caused an execution to be issued thereon, which, together with a prior execution in favor of one Sands against the defendant, was levied upon the defendant’s lands. That the defendant claiming a homestead exemption in the lands thus levied on, thesheriff appointed appraisers who set apart one hundred and thirty acres, as a homestead to the defendant, valuing such land at fifteen hundred dollars,, whereupon the plaintiff directed the sheriff not to proceed any further with the…
2Cases cited1 opinion
- Austin v. LoringSupreme Court of Missouri · 1876
3Cited by3 opinions
- Shotwell v. MunroeMissouri Court of Appeals · 1890
- Daniels v. PeckMissouri Court of Appeals · 1926
- Schlup v. ThrasherMissouri Court of Appeals · 1921