Legal Opinion · Dissent

Sperry v. Cook

Missouri Court of Appeals

Decided June 14, 1909Published

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

  1. Wade v. . KalbfleischNew York Court of Appeals · 1874
  2. Chalmers v. SheehyCalifornia Supreme Court · 1901
  3. Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
  4. Cooke v. CookeCourt of Appeals of Maryland · 1876
  5. Burton v. MillSupreme Court of Virginia · 1884

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