West v. McMullen
Supreme Court of Missouri
Appeal from Gass Circuit Court. — Hon. Chas. W.. Sloan, Judge. (1) Plaintiff had abandoned her homestead in the premises in controversy. Smith v. Bwm, 75 Mo. 559; Kaesv. Cross, 92 Mo. 647; JDuffey v. Willis, 99-Mo. 132. (2) She, in connection with her present, husband, has a full and complete legal right to a homestead in the lands upon which they now live; which is. conclusive evidence of an abandonment of her homestead right in the land in controversy.
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Appeal from Gass Circuit Court. — Hon. Chas. W.. Sloan, Judge. (1) Plaintiff had abandoned her homestead in the premises in controversy. Smith v. Bwm, 75 Mo. 559; Kaesv. Cross, 92 Mo. 647; JDuffey v. Willis, 99-Mo. 132. (2) She, in connection with her present, husband, has a full and complete legal right to a homestead in the lands upon which they now live; which is. conclusive evidence of an abandonment of her homestead right in the land in controversy. Thompson on Homesteads, sec. 279; Kaes v. Gross, 92 Mo. 647/ (1) Appellants have no standing here, having-abandoned the case before trial.…
1Opinion of the CourtGantt, P. J.
This action was originally commenced November 20, 1886, by Mary A. McMullen, the widow of George McMullen, for the assignment of her dower and homestead in the lands described in the petition, of which he died seized, and was occupying as a homestead at his death. The defendants are the administrator and surviving brothers and sisters of George McMullen. No children were born of the marriage of plaintiff and George McMullen.
The action thus commenced was continued for cause until May, Í889, when Mrs. McMullen intermarried with John T. West. Accordingly, on the sixth of January, 1890, her…
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