Klotz v. Rhodes
Supreme Court of Missouri
Appeal from Wayne Circuit" Court. — lion. J. J. Williams, Judge. (1) Upon the uncontradieted evidence that the whole of the purchase price of the new homestead, it being the real estate involved in this action, was paid out of the money arising directly from the sale of the former homestead of the defendant James A. Rhodes, the finding, judgment and decree should have been for the defendants.
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Appeal from Wayne Circuit" Court. — lion. J. J. Williams, Judge. (1) Upon the uncontradieted evidence that the whole of the purchase price of the new homestead, it being the real estate involved in this action, was paid out of the money arising directly from the sale of the former homestead of the defendant James A. Rhodes, the finding, judgment and decree should have been for the defendants. Davis v. Fox, 59 Mo. 125; Drosten v. Mueller, 103 Mo. 624; Fulkerson v. Appington, 104 Mo. 472; Roselle v. Beckmire, 134 Mo. 380; Blount v. Spratt, 113 Mo. 48; State ex rel. v. Jarrot, 183 Mo. 204. (2)…
1Opinion of the CourtGraves, P. J.
Plaintiff was a judgment creditor of the defendant James A. Rhodes. The debt originated in 1893, and was reduced to judgment in 1897. This judgment of 1897 was revived in 1902, and under the latter judgment plaintiff caused execution to be issued, which was levied upon the property involved in this suit. At the execution sale, of which defendants had notice, plaintiff purchased the property. His petition is in three counts. All of the property involved was purchased by defendants after the date of the revived judgment. Part of it was deeded to the wife Nancy Rhodes, and part of it to the…
2Cases cited2 opinions
- Goode v. LewisSupreme Court of Missouri · 1893
- State ex rel. Schneider v. HullMissouri Court of Appeals · 1903
3Cited by2 opinions
- Walton v. United States Steel Corp.Missouri Court of Appeals · 1964
- Lutz v. KehrSupreme Court of Missouri · 1960