Holmes v. Nichols
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Ylliott M. Hughes, Judge. (1) A personal exemption of $300 can be claimed by tbe head of a family only. E. S. 1899, sec. 3162. (2) The homestead .exemption is given only to a housekeeper or head of a family, and in land which is or shall be used by such housekeeper or head of a family as such homestead. E. S. 1899, see. 3616. (3) A family is a collective body of persons who live in one house under one head or manager.
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Appeal from Lincoln Circuit Court. — Hon. Ylliott M. Hughes, Judge. (1) A personal exemption of $300 can be claimed by tbe head of a family only. E. S. 1899, sec. 3162. (2) The homestead .exemption is given only to a housekeeper or head of a family, and in land which is or shall be used by such housekeeper or head of a family as such homestead. E. S. 1899, see. 3616. (3) A family is a collective body of persons who live in one house under one head or manager. Eidenour-Baker Oro. Co. v. Monroe, 142 Mo. 165. (4) The homestead lights of the execution debtor are fixed by a visible occupancy of…
1Opinion of the CourtGoode, J.
An execution was levied upon a tract of land in Lincoln county, of one hundred- and sixty acres, on a judgment against the respondent, Sarah A. Nichols, which she claimed as a homestead and also a personal exemption in said land or its proceeds to the value of three hundred dollars, and on her motion and the testimony adduced in support thereof, the circuit court quashed the levy of said execution.
The land was conveyed to Chester H. Nichols in 1846, and he and Sarah A. Nichols were married in 1847. They moved on this land and lived there continuously until his death in 1872. When he died they…
2Cases cited6 opinions
- Biffle v. PullamSupreme Court of Missouri · 1893
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
- Bealey v. BlakeSupreme Court of Missouri · 1900
- Leake v. KingSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Victor v. GrimmerMissouri Court of Appeals · 1906