State Bank v. Dougherty
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. W. L. Jarrott, Acting Judge. (1) The right given by section 3623 to invest the proceeds of a homestead, in a new homestead, which shall possess all the immunities of the old homestead, is confined to the homestead created by the act of which that section is a part, and refers to the homestead defined by our homestead act and not a homestead created by the laws of another State. Our homestead act can not be enlarged upon by the courts.
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Appeal from Barton Circuit Court. — Hon. W. L. Jarrott, Acting Judge. (1) The right given by section 3623 to invest the proceeds of a homestead, in a new homestead, which shall possess all the immunities of the old homestead, is confined to the homestead created by the act of which that section is a part, and refers to the homestead defined by our homestead act and not a homestead created by the laws of another State. Our homestead act can not be enlarged upon by the courts. Only such property is exempt as homestead as is specially provided for by the homestead act. Stanley v. Baker, 75 Mo.…
1Opinion of the CourtBrace, P. J.
On November 6, 1895, the defendant, A. H. Dougherty, became indebted to the plaintiff bank on a *5promissory note on which the bank obtained judgment against him in the Barton Circuit Oourt for the sum of $273.30 at the January term of said court, 1898.
At the time this indebtedness was incurred the said defendant owned three hundred and twenty acres of land in Iowa on which he resided with his family, and which he afterwards sold, and invested $2,000 of the proceeds thereof in the eighty-acre tract in Barton county described in the petition, his deed for which was filed for record .on March 7,…
2Cases cited3 opinions
- Dalton v. WebbSupreme Court of Iowa · 1891
- Sargent v. ChubbuckSupreme Court of Iowa · 1865
- Stinde v. BehrensSupreme Court of Missouri · 1883
3Cited by19 opinions
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Balz v. NelsonMissouri Court of Appeals · 1903
- State ex rel. Board of Control of St. Louis School v. City of St. LouisSupreme Court of Missouri · 1909
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Drenttel v. Jensen-Carter (In Re Drenttel)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
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