Biffle v. Pullam
Supreme Court of Missouri
Appeal from Bollinger Circuit Court.—Hon. James D. Fox, Judge. (1) The statute declares the homestead to be exempt to the housekeeper or head of a family from' attachment or execution in all cases “except as herein provided.” Revised Statutes, 1889, sec. 5435; State v. Pitts, 51 Mo. 133; Blandy v. Asher, 72 Mo. 27; Davis v. Land, 88 Mo. 436. (2) The terms “housekeeper,” or head “of the family,” as used in the homestead exemption statute, are not synonymous.
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Appeal from Bollinger Circuit Court.—Hon. James D. Fox, Judge. (1) The statute declares the homestead to be exempt to the housekeeper or head of a family from' attachment or execution in all cases “except as herein provided.” Revised Statutes, 1889, sec. 5435; State v. Pitts, 51 Mo. 133; Blandy v. Asher, 72 Mo. 27; Davis v. Land, 88 Mo. 436. (2) The terms “housekeeper,” or head “of the family,” as used in the homestead exemption statute, are not synonymous. The occupant need have no family. If he is a housekeeper the requirements of the statute are fulfilled. Black’s Law Dictionary, title…
1Opinion of the CourtBe age, J.
This is an action in ejectment for a tract of land in Bollinger county. The judgment was for the plaintiff and the defendant appeals.
The undisputed facts are, that in 1871 the defendant then being a housekeeper and the head of a family acquired by deed duly executed and recorded the fee simple title to the premises in question, and with his family went into the actual occupancy thereof as a homestead; that they continued to so occupy the premises until May, 1887, when the defendant’s wife deserted him, and in the following February instituted a suit for divorce against him, in which, such…
2Cases cited5 opinions
- Beckmann v. MeyerSupreme Court of Missouri · 1882
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- Miller v. ButlerMassachusetts Supreme Judicial Court · 1850
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