Beckner v. Rule
Supreme Court of Missouri
Error to Pike Circuit Court. — Hon. Elijah Robinson, Judge. (1) A homestead exemption is a privilege — a mere matter of grace or favor extended to the debtor, and is not a “vested right.”
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Error to Pike Circuit Court. — Hon. Elijah Robinson, Judge. (1) A homestead exemption is a privilege — a mere matter of grace or favor extended to the debtor, and is not a “vested right.” Harris v. Glenn, 56 Gra. 94; Allen v. Harley, 3 S. C. (N. S.) 412. (2) The legislature can, by a subsequent act, reduce the quantity and value of the homestead exemption and expose any portion of a homestead that has been set apart to the payment of debts contracted while a former law was in force. Bull d. Conroe, 13 Wis. 260 ; ParTcer v. King, 16 Wis. 237. If, in course of time, the property allotted to a…
1Opinion of the CourtBlack, J.
The plaintiff is a judgment creditor of the defendant, and the defendant owns a homestead in the city of Louisiana, consisting of a house and one lot. This is a suit under section 2698, Revised Statutes, to subject the property to sale, because it exceeds the value of fifteen hundred dollars, and a severance of the homestead would greatly depreciate the value of the property. In 1879, the defendant made a voluntary assignment, for the benefit of his creditors, reserving his exemptions and homestead rights. The property in question was then set off to him, as a homestead, by proper proceedings…
2Cases cited1 opinion
- Stubblefield v. GravesIllinois Supreme Court · 1869
3Cited by2 opinions
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Gowdy v. JohnsonCourt of Appeals of Kentucky · 1898