Brown v. Brown's Administrator
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. T. Geiser, Judge. 1. As there was no dwelling house on the land in dispute, it could not constitute a homestead. 1 Wag.
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Appeal from Greene Circuit Court. — Hon. W. T. Geiser, Judge. 1. As there was no dwelling house on the land in dispute, it could not constitute a homestead. 1 Wag. Stat., § 1, p. 697; 7 N. H. 245 ; Horne v. Tufts, 39 N. H. 483; Cook v. Me Christian, 4 Cal. 26 ; Charless v. Lamberson, 1 Iowa 439; 23 Texas 502; 1 Am.Law Reg., pp. 649 to 656, (N. S.); Franklin v. Coffee, 18 Texas 415. 2. Respondent having abandoned her husband, and he having rented his house and farm, there was no one dependent upon him for support or under his control; and he was, therefore, neither a housekeeper nor the head…
1Opinion of the CourtNapton, J.
This was an application to the court of probate and common pleas of Greene county, by the widow of Caleb Brown, asking that 120 acres, owned by her husband in his life-time, but then occupied by his administrator, should be declared her property in fee simple, under the 5th section of the homestead law, as it was in 1865, with a further petition that the administrator be or*390dered to deliver her possession of the same. This petition, was filed in 1876, after the act of March 18th, 1875, but Caleb Brown’s death occurred in 1874. The facts upon which this judgment was asked, were proved on the…
2Cited by21 opinions
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- Biffle v. PullamSupreme Court of Missouri · 1893
- Agan v. ShannonSupreme Court of Missouri · 1890
- Gentry v. GentrySupreme Court of Missouri · 1894
- Broyles v. CoxSupreme Court of Missouri · 1899
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