Sharp v. Stewart
Supreme Court of Missouri
Appeal from Pilce Circuit Court. — -Ho». D. H. Eby, ■ Judge. The lands at the time of the sale were the homestead of the Stewarts, hut under the provisions of section 3622, Revised Statutes 1899, said homestead was not exempt against the debt contracted in 1893. Conceding that the filing of- the Jamison -will in 1885 invested Anna B. Stewart with the title to this land, still she had no. homestead until she actually occupied the lands as a homestead, which was in “the latter…
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Appeal from Pilce Circuit Court. — -Ho». D. H. Eby, ■ Judge. The lands at the time of the sale were the homestead of the Stewarts, hut under the provisions of section 3622, Revised Statutes 1899, said homestead was not exempt against the debt contracted in 1893. Conceding that the filing of- the Jamison -will in 1885 invested Anna B. Stewart with the title to this land, still she had no. homestead until she actually occupied the lands as a homestead, which was in “the latter part of 1898,” five years after the date of contracting the debt -upon which the judgment and sale were had. Eouse v.…
1Opinion of the CourtFox, J.
“This is an appeal from the circuit court of Pike county wherein the appellant complains of the action of the trial court in sustaining respondents’ motion to set aside the sale of real estate, made *520under an alias execution, for failure of the sheriff to allow and set aside a homestead to# respondents.
“The facts in this case are substantially as follows :
“James C. Jamison, deceased, by his last will, which was probated in Pike county, Missouri, November 18, 1885, devised to his widow and his two daughters, Anna B. Stewart, respondent herein, and Ada L. White, certain lands in Pike county,…
2Cases cited6 opinions
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Finnegan v. PrindevilleSupreme Court of Missouri · 1884
- Palmer v. AlexanderSupreme Court of Missouri · 1901
- Snyder v. ElliottMissouri Court of Appeals · 1903
- Lamb v. MasonSupreme Court of Vermont · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hallauer v. LackeySupreme Court of Missouri · 1945
- Keeline v. SealySupreme Court of Missouri · 1914
- Sperry v. CookSupreme Court of Missouri · 1912
- Clark v. SiresSupreme Court of Missouri · 1906
- Ahmann v. KemperSupreme Court of Missouri · 1938
5 more not listed; retrieve them via the Exa API.