Skouten v. Wood
Supreme Court of Missouri
Error to Buchanan Circuit Court. I. Wood, at the time of his death, held the homestead in fee simple absolute, and under the homestead act properly construed (Wagn. Stat., 698, § o,) the widow held it by the same title. I. The statute in relation to the exemption of homesteads, was only intended to operate as a protection against creditors in attachments or executions, and not to defeat the interest of the heirs. (Wagn. Stat., 697, § 1.) II.
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Error to Buchanan Circuit Court. I. Wood, at the time of his death, held the homestead in fee simple absolute, and under the homestead act properly construed (Wagn. Stat., 698, § o,) the widow held it by the same title. I. The statute in relation to the exemption of homesteads, was only intended to operate as a protection against creditors in attachments or executions, and not to defeat the interest of the heirs. (Wagn. Stat., 697, § 1.) II. We have a statute governing the manner of the descent and distribution of the estate of intestates. (Wagn. Stat., 529, § 1). To give the construction to…
1Opinion of the Court
MaptoN, Judge,
delivered tbe opinion of the court.
Under the 5th section of the act concerning homesteads (Wagn. Stat., p. 698), the defendant, who was the widow of Bird Wood, had been allowed as a homestead 120 acres of the estate of her deceased husband.
The deceased left no minor children ; but had several children by a former wife, who were of age and married. The plaintiff is a daughter of Wood, and wife of Skouten, and filed in the Circuit Court a petition to enjoin the defendant from wasting the timber on the said 120 acres. A temporary injunction was granted and ultimately this…
2Cases cited6 opinions
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
- McClary v. BixbySupreme Court of Vermont · 1863
- Howe v. AdamsSupreme Court of Vermont · 1856
- Dodge v. StacySupreme Court of Vermont · 1867
- Doane v. Heirs of DoaneSupreme Court of Vermont · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Macke v. ByrdSupreme Court of Missouri · 1895
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Rogers v. MarshSupreme Court of Missouri · 1880
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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