Rhorer v. Brockhage
Supreme Court of Missouri
Appeal from St. Louis Cozirt of Appeals. (1) Under the Missouri law, the homestead is an exemption from attachment and execution when used as a home.
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Appeal from St. Louis Cozirt of Appeals. (1) Under the Missouri law, the homestead is an exemption from attachment and execution when used as a home. R. S., secs. 2691, 451. (2) And this exemption from attachment and execution of the home, when used as such, passes to and vests in the widow and children at the death of the housekeeper, and continues for their benefit without being subject to the debts of the deceased, but his entire interest and estate, except this exemption from execution and attachment thus continued, is subject to the laws relating to devise, descent, dower, partition and…
1Opinion of the CourtHenry, C. J.
— John Brockhage, the father of defendant, died May 17, 1875, occupying as a homestead, and seized of the premises in controversy, leaving his widow and this defendant, a minor son, as his only heirs. After his death, the widow elected to take a child’s part of his estate, in lieu of dower. Prior to 1878, she intermarried with one Alvord, and, on the twenty-eighth day •of August, 1878, she and her husband mortgaged her interest in said property, and plaintiff claims under that mortgage. In November, 1879, Mrs. Alvord leased the homestead to another, and temporarily resided on other property…
2Cases cited2 opinions
- Freund v. McCallSupreme Court of Missouri · 1881
- Kochling v. DanielSupreme Court of Missouri · 1884
3Cited by12 opinions
- Scott v. RoystonSupreme Court of Missouri · 1909
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Broyles v. CoxSupreme Court of Missouri · 1899
- Regan v. EnsleySupreme Court of Missouri · 1920
- Shirack v. ShirackSupreme Court of Kansas · 1890
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