Legal Opinion

Chapman v. McGrath

Supreme Court of Missouri

Decided June 11, 1901PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. yalliant, Judge. (1) The right to a homestead and homestead succession depend in this State entirely upon statutory provisions. Eichter v. Bonsack, 144 Mo. 518; Keyte v. Peery, 25 Mo. App. 394; Thoms v. Thoms, 57 Miss. 263. (2) The statute only gives a homestead by succession when it is owned by the husband. The statute nowhere gives a homestead by succession to the minor children of a widow in property owned by her.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. yalliant, Judge. (1) The right to a homestead and homestead succession depend in this State entirely upon statutory provisions. Eichter v. Bonsack, 144 Mo. 518; Keyte v. Peery, 25 Mo. App. 394; Thoms v. Thoms, 57 Miss. 263. (2) The statute only gives a homestead by succession when it is owned by the husband. The statute nowhere gives a homestead by succession to the minor children of a widow in property owned by her. Keyte v. Peery, 25 Mo. App. 394; Eichter v. Bonsack, 144 Mo. 516; E. S. 1899, sec. 3620; Casler v. Gray, 159 Mo. 588.' (3)…

1Opinion of the CourtBurgess, J.

This is an action of ejectment for the possession of a tract of land in the city of St. Louis described as follows, to-wit: Lot six of city block one thousand and seventy-seven, having a front of twenty-five feet on the south line of University street, and a depth southwardly of the same width of one hundred and forty-five feet, four and one-half inches,' to a public alley, on which lot there is erected a two-story dwelling house, known as No. 2536, University street, all of the value not exceeding twenty-five hundred dollars.

The plaintiffs are the minor children of Mary T, Chapman, deceased,…

2Cases cited3 opinions

  1. Casler v. GraySupreme Court of Missouri · 1901
  2. Keyte v. PeeryMissouri Court of Appeals · 1887
  3. Richter v. BohnsackSupreme Court of Missouri · 1898

3Cited by2 opinions

  1. Collier v. PorterSupreme Court of Missouri · 1929
  2. M. E. Smith & Co. v. QuinnSupreme Court of Colorado · 1915

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