Nichols v. Robinson
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. Franh Kelly, Judge. (1) Lots 10,11 and 14, comprising 108 acres, valued at the time at $5 per acre, constituted the homestead of Martin Asher. At his death on May 5, 1875, it passed in fee to his widow, Sarah Asher, and was not subject to devise.
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Appeal from Cape Girardeau Circuit Court. — Hon. Franh Kelly, Judge. (1) Lots 10,11 and 14, comprising 108 acres, valued at the time at $5 per acre, constituted the homestead of Martin Asher. At his death on May 5, 1875, it passed in fee to his widow, Sarah Asher, and was not subject to devise. (2) The Act of March, 1875, by which •the widow’s interest in the homestead was reduced to a life estate,' did not go into effect until June, 16, 1875, or ninety days after its passage, although it contains the following provision: “Sec. 3. This act shall take effect and he in force from and after its…
1Opinion of the CourtGraves, J.
The petition in this case contains two counts, (1) one to quiet title and (2) one 'in ejectment. Each is conventional in form.
To the first count of the petition the defendant answered (1) by admitting his possession and admitting his claim of title, and averring that he held the record title from the patentee down and a general denial of other matters, and (2) the ten-year Statute of Limitations is invoked. To the second count he answered (1) by admitting his possession, claiming ownership, and denying other matters, and (2) a plea of the ten-year Statute of Limitations, and (3) a plea of the…
2Cases cited1 opinion
- Poland v. VesperSupreme Court of Missouri · 1878
3Cited by9 opinions
- State Ex Rel. Moore v. TobermanSupreme Court of Missouri · 1952
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Schee v. BooneSupreme Court of Missouri · 1922
- Mizell v. OsmonSupreme Court of Missouri · 1945
- Smith v. Cudahy Packing Co.District Court, D. Minnesota · 1947
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