Jones v. Thomas
Supreme Court of Missouri
Appeal from the Howell Circuit Court.—Hon. W. N. Evans, Judge. (1) When the land was attached Thomas had abandoned his home and his family, and his wife having failed to assert her homestead rights, as provided by section 5435, Revised Statutes, her homestead interest was defeated by the attachment and sale thereunder.
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Appeal from the Howell Circuit Court.—Hon. W. N. Evans, Judge. (1) When the land was attached Thomas had abandoned his home and his family, and his wife having failed to assert her homestead rights, as provided by section 5435, Revised Statutes, her homestead interest was defeated by the attachment and sale thereunder. Blandy v. Asher, 72 Mo. 27. (2) All the interest that Obedience Thomas could have in the land, under any circumstances, would be the right of homestead and dower after her husband’s death, and neither of these, nor both, could be asserted so as to set in operation the statute…
1Opinion of the CourtBlack, P. J.
This is an action of ejectment for one hundred and sixty acres of land. All parties claim under Nathan Thomas. The defense, and the only defense, is the statute of limitations.
The plaintiff put in evidence a sheriff’s deed, dated in April, 1879, conveying to him four hundred and eighty acres of land, the land in suit being a part thereof. This deed is based upon a judgment in an attachment suit brought by the present plaintiff against Nathan Thomas, the attachment having been levied on the twenty-seventh of February, 1878.
The defendants claim under Obedience Thomas. She brought a divorce suit…
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