Stotesbury v. Kirtland
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lujbke, Judge. If a party claim title, to property by gift, and by reason of its being exempt to the donor, though not such property as is specifically exempt by statute, such claimant must show an intention on the part of the donor to select such property as exempt, existing prior to the conveyance to such donee. Hombs v. Corbin, 20 Mo. App. 497 ; Stone n.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lujbke, Judge. If a party claim title, to property by gift, and by reason of its being exempt to the donor, though not such property as is specifically exempt by statute, such claimant must show an intention on the part of the donor to select such property as exempt, existing prior to the conveyance to such donee. Hombs v. Corbin, 20 Mo. App. 497 ; Stone n. Spencer, 77 Mo. 356-360; Connor v. Hawkins, 66 Texas, 639 ; Frost v. Shaw, 3 Ohio St. 274. The right to make the selection the debtor cannot sell; he alone can exercise it; he…
1Opinion of the CourtThompson, J.
In 1882 the .plaintiffs recovered a judgment against the defendant, Edward M. .Kirtland, in the sum of $10,423.31. On the eighteenth day of July, 1887, the plaintiffs commenced this suit in equity to subject to the satisfaction of their judgment the interest of the said defendant in the rents, issues and profits of certain land devised by the mother of the said defendant to certain other of the defendants as trustees for his use. One week after the filing of the petition, the defendant, Edward M. Kirtland, in the city of Chicago, Illinois, executed an instrument in writing whereby, in…
2Cases cited7 opinions
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Homes v. CorbinMissouri Court of Appeals · 1886
- Kulage v. SchuelerMissouri Court of Appeals · 1879
- Steele v. LeonoriMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Garrett v. WagnerSupreme Court of Missouri · 1894
- In re WhiteDistrict Court, W.D. Missouri · 1901
- State ex rel. Nieman v. KochMissouri Court of Appeals · 1890
- McDowell v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1909
- Guntley v. StaedMissouri Court of Appeals · 1898
12 more not listed; retrieve them via the Exa API.