Armor v. Lewis
Supreme Court of Missouri
Appeal from Crawford Circuit Court — Row. ,L. B. Woodside, Judge. The law of 1895 left the remainder after the "homestead subject to the payment of the homesteaders’ debts. Broyles v. Cos, 153 Mo. 242; In re Powell’s Estate, 157 Mo. 151. Under the Law of 1875 the probate court could sell the remainder after homestead before the expiration of homestead.
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Appeal from Crawford Circuit Court — Row. ,L. B. Woodside, Judge. The law of 1895 left the remainder after the "homestead subject to the payment of the homesteaders’ debts. Broyles v. Cos, 153 Mo. 242; In re Powell’s Estate, 157 Mo. 151. Under the Law of 1875 the probate court could sell the remainder after homestead before the expiration of homestead. Eeene v. Wyatt, 160 Mo. 1, overruling Broyles v. Cox, 153 Mo. 242, and In re Powell’s Estate, 157 Mo. 151; Robbins v. Boni-ware, 190 Mo. 33; Balance v. Cordon, 247 Mo. 119. After the death of the homesteader the widow and minor children take a…
1Dissent
DISSENTING- OPINION.
BOND, J
Being unable to concur in the learned opinion of the majority of this division of the court, I hereby set forth the grounds of my dissent.
John W. Lewis died on the 22d of November, 1896. At the time of bis death be owned the land in controversy and used it as a homestead. He left a widow, Margaret J. Lewis, and six minor children. During the course of administration of bis estate in the probate court of Crawford county and upon the petition of the widow, a homestead was set apart upon this land: and due report thereof made by the commissioners appointed for that…
2Cases cited23 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Showers v. RobinsonMichigan Supreme Court · 1880
- Keene v. WyattSupreme Court of Missouri · 1901
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