Duffey v. Willis
Supreme Court of Missouri
Error to Carroll Circuit Court. — Hon. James M. Davis Judge. The evidence discloses a clear case of abandonment of the homestead. (a) The case is squarely within the decision of the Missouri supreme court, in Smith v. Bunn, 75 Mo. 560, and the other leading cases on the subject.
Read the full summary
Error to Carroll Circuit Court. — Hon. James M. Davis Judge. The evidence discloses a clear case of abandonment of the homestead. (a) The case is squarely within the decision of the Missouri supreme court, in Smith v. Bunn, 75 Mo. 560, and the other leading cases on the subject. Danis v. Andrews, 30 Vt. 679; Matter of PhelandC s Estate, 16 Wis. 80; Jarvis v. Moe, 38 Wis. 440. (b) The fact of removal, of itself, raises a presumption of abandonment, to rebut which, the burden is upon the claimant to show a specific purpose for leaving, which purpose must have been consistent with a merely…
1Opinion of the CourtBlack, J.
The question here is whether the defendant lost, by abandonment, his right to have a house and lot in Carrollton, Carroll county, set off as a homestead.
The plaintiffs recovered a judgment against defendant for $228.80, in March, 1885, for goods sold in that year. Execution was issued in November, 1885, and levied upon the house and lot. The appraisers appointed *134by the sheriff valued the property at seven hundred dollars, and set the same off as a homestead. Plaintiffs moved to set aside the appraisers’ report. This motion was submitted to the court on agreed facts, but, before the court…
2Cases cited1 opinion
- Smith v. BunnSupreme Court of Missouri · 1882
3Cited by15 opinions
- Pocoke v. PetersonSupreme Court of Missouri · 1914
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Lemon v. LemonSupreme Court of Missouri · 1918
- In Re SchisslerUnited States Bankruptcy Court, W.D. Missouri · 2000
- Bartle v. BartleWisconsin Supreme Court · 1907
10 more not listed; retrieve them via the Exa API.