Sperry v. Cook
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — A. D. Burnes, Judge.
1DissentEllison, J.
(dissenting). — I think the statute exempts homesteads only for the debts of the home*300steader. It is true that section 3622, Revised Statutes 1899, denies an exemption “upon all causes of action existing at the time of the acquiring such homestead;” and that a cause of action is held to mean the inception of the obligation rather than when it falls due, such as the date of a note or making an account. [Farra v. Quigley, 57 Mo. 284; Lincoln v. Rowe, 64 Mo. 138; Titus v. Warren, 67 Vermont 242.] And this will apply to a contingent obligation such as that of a surety. [Berry v. Ewing, 91 Mo.…
2Cases cited27 opinions
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Chalmers v. SheehyCalifornia Supreme Court · 1901
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Cooke v. CookeCourt of Appeals of Maryland · 1876
- Burton v. MillSupreme Court of Virginia · 1884
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