Wainscott v. Haley
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — lion. B. G. Thurman, Judge. (1) “The husband shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage, or alienation is hereby declared null and void.
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Appeal from Vernon Circuit Court. — lion. B. G. Thurman, Judge. (1) “The husband shall be debarred from and incapable of selling, mortgaging or alienating the homestead in any manner whatever, and every such sale, mortgage, or alienation is hereby declared null and void. Provided, however, that nothing herein contained shall be so construed as to prevent the husband and wife from jointly conveying, mortgaging, alienating, or in any other manner disposing of such homestead or any part thereof.” R. S. 1909, sec. 6704; Bushnell v. Loomis, 234 Mo. 371; Williams v. Williams, 161 Mo. App. 249 ; 21.…
1Opinion of the CourtJohnson, J.
This is an action to recover liquidated damages for the breach by defendant of an executory contract for the exchange of real property in the city of Nevada, owned by plaintiff and which was his homestead, for a farm of 160 acres in Vernon county, owned by defendant and occupied by him and his family as a homestead. The contract was not signed by the wife of either party but at the time set for the exchange of deeds plaintiff tendered a warranty deed executed and acknowledged by him and his wife, and demanded a like deed from defendant conveying the farm. The wife of defendant would not join…
2Cases cited11 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- May v. CrawfordSupreme Court of Missouri · 1899
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Morse v. RathburnSupreme Court of Missouri · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Continental Assur. Co. v. Van Cleve Bldg. & Const. Co.Missouri Court of Appeals · 1953
- Robinson v. PatteeSupreme Court of Missouri · 1949
- Bobst v. SonsSupreme Court of Missouri · 1952
- Bachman v. H. R. Ennis Real Estate & Investment Co.Missouri Court of Appeals · 1918
- In Re First Nat. Bank of AdrianMissouri Court of Appeals · 1921
1 more not listed; retrieve them via the Exa API.