Mills v. McDaniels
Missouri Court of Appeals
Appeal from the Cedar Circuit Court.—Hon. D. P. Steatton, Judge. The only point in this case is: Does the judgment on the garnishment proceeding against defendant M. F. Daniels relate back to the debt contracted by the defendant M. F. Daniels with the D. H. Smith Hardware Company so far as the homestead rights of the defendant Daniels is concerned, or does the judgment upon the garnishment proceedings create a new debt having only the date of the judgment? (See section 5232,…
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Appeal from the Cedar Circuit Court.—Hon. D. P. Steatton, Judge. The only point in this case is: Does the judgment on the garnishment proceeding against defendant M. F. Daniels relate back to the debt contracted by the defendant M. F. Daniels with the D. H. Smith Hardware Company so far as the homestead rights of the defendant Daniels is concerned, or does the judgment upon the garnishment proceedings create a new debt having only the date of the judgment? (See section 5232, Revised Statutes of the state of Missouri, 1889. 8 Am. and Eng. Encyclopedia of Law, bottom of page 1197 and top of…
1Opinion of the CourtSmith, P. J.
The defendant’s attorney has made a statement of the case which, it seems to us from an examination of so much of the record as is before us, is substantially correct and we shall therefore adopt the same. It is as follows:
The defendant owned a house and lot in the town of Jerico Springs, Missouri, which was occupied by himself and family as a homestead. It was of the value of $500 or $600. The deed thereto was recorded December 1, 1888. On the fifth day of September, 1891, he traded said homestead to plaintiff for a small tract of land in the country—paying plaintiff $800 to boot, and on…
2Cases cited7 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Craig v. ScudderSupreme Court of Missouri · 1889
- Snyder v. FreeSupreme Court of Missouri · 1890
- Jayne v. WineSupreme Court of Missouri · 1889
- Grimes v. PortmanSupreme Court of Missouri · 1889
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3Cited by5 opinions
- State ex rel. City of Stanberry v. SmithSupreme Court of Missouri · 1903
- Wade v. Bankers Life Ass'nMissouri Court of Appeals · 1910
- Kautsch v. DrosteMissouri Court of Appeals · 1900
- City of Plattsburg v. AllenMissouri Court of Appeals · 1900
- Hyer v. BakerMissouri Court of Appeals · 1938