Keyte v. Peery
Missouri Court of Appeals
Appeal from Chariton Circuit Court, Hon. GK D. Burgess, Judge. Statement of case by the court. This suit was brought by plaintiffs in the circuit court of Chariton county, to compel defendant to render an account of rents and profits received, arising from his wrongful occupation of, and use of, lot one (1), in block seven (7), in Thompson’s addition to the city of Brunswick, and for all proper relief.
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Appeal from Chariton Circuit Court, Hon. GK D. Burgess, Judge. Statement of case by the court. This suit was brought by plaintiffs in the circuit court of Chariton county, to compel defendant to render an account of rents and profits received, arising from his wrongful occupation of, and use of, lot one (1), in block seven (7), in Thompson’s addition to the city of Brunswick, and for all proper relief. The petition of plaintiffs is as follows: “Plaintiffs state that Harry Keyte, who is a minor and sues by his next friend, Joseph T. Keyte, duly appointed for that purpose, and S. Florence…
1Opinion of the CourtEllison, J.
From the statement in this case it will be seen that the contest here is as to the rights of the parties under the statute of homesteads and the law of estates by the curtesy. If the land was plaintiffs’ homestead, they are entitled to recover. If it is the property of John A. Keyte, the surviving husband, as tenant by the curtesy, they have no right to recover. Though it is conceded that defendant, Peery, obtained no right to the property by his purchase at the sheriff’s sale, yet, if the estate belonged to the surviving husband as tenant *400by the curtesy, the plaintiffs have no title upon…
2Cases cited1 opinion
- Skouten v. WoodSupreme Court of Missouri · 1874
3Cited by4 opinions
- In re KaufmannDistrict Court, E.D. Wisconsin · 1906
- Casler v. GraySupreme Court of Missouri · 1901
- Chapman v. McGrathSupreme Court of Missouri · 1901
- Collier v. PorterSupreme Court of Missouri · 1929