Buzzard v. Robertson
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Ron. J. W. Alexander, Judge. (1) Defendant, after parting with the title to the land, whether fraudulently or otherwise, is in no position to claim personal exemptions therein, and his motion should have been overruled. State ex rel. Fulks v. Pruitt, 65 Mo. App. 154. (2) Where real estate not used as a homestead may become exempt by selection, such selection can not be made after the sale of the property. Stewart v. Stewart, 65 Mo.
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Appeal from Daviess Circuit Court. — Ron. J. W. Alexander, Judge. (1) Defendant, after parting with the title to the land, whether fraudulently or otherwise, is in no position to claim personal exemptions therein, and his motion should have been overruled. State ex rel. Fulks v. Pruitt, 65 Mo. App. 154. (2) Where real estate not used as a homestead may become exempt by selection, such selection can not be made after the sale of the property. Stewart v. Stewart, 65 Mo. App. 663; Cope v. •Snider, 99 Mo. App. 497. (1) Homestead exemptions are not forfeited by fraudulent conveyance by head of…
1Opinion of the CourtSmith, P. J.
It is in effect conceded that an execution was issued by the clerk of the trial court on a valid justice’s transcript, and that the sheriff levied it on a certain tract of land containing twenty-six acres as the property of the defendant. At the term of the court to which said execution was returnable, the defendant filed a motion to quash it for the reasons, first, “because the said property belongs to this defendant, the deed of conveyance heretofore made by the said defendant on October 25, 1901, purporting to convey the said real estate to one Charles E. Morrow and the conveyance of the…
2Cases cited1 opinion
- Cope v. SniderMissouri Court of Appeals · 1903
3Cited by1 opinion
- Crouch v. HoltermanSupreme Court of Missouri · 1917