Finnegan v. Prindeville
Supreme Court of Missouri
Appeal from Lewis Circuit Court. — Hon. Ben. E. Turner, Judge. It is a general rule that domicile in any state is necessary and required to entitle a person to homestead rights therein. Alston v. Ulman, 39 Tex. 157; Jordan v. Godman, 19 Tex. 257; Thompson on Homestead, 391. The mere fact that Prindeville purchased the land and recorded his deed in the year 1866, does not of itself' give him a right of homestead in said land.
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Appeal from Lewis Circuit Court. — Hon. Ben. E. Turner, Judge. It is a general rule that domicile in any state is necessary and required to entitle a person to homestead rights therein. Alston v. Ulman, 39 Tex. 157; Jordan v. Godman, 19 Tex. 257; Thompson on Homestead, 391. The mere fact that Prindeville purchased the land and recorded his deed in the year 1866, does not of itself' give him a right of homestead in said land. He must have occupied it prior to the contraction of the debt. Thompson on Homestead, §§ 244, 245, 246 ; Stanley v. Baker, 75 Mo. 60; Christy v. Dyer, 14 Iowa 441. The…
1Opinion of the CourtHenry, C. J.
Appellants had a judgment against respondent on which an execution was issued and placed in the hands of the sheriff of Lewis county, who made a return to the execution showing that he had set apart a certain tract of land to defendant, as a homestead. Plaintiffs moved to quash that portion of the sheriff’s return. The court overruled the motion, and the cause is here on appeal.
The following is the admitted evidence in the cause: “ It is admitted by the parties to this suit that the deeds, *519to the defendant for the land set apart as a homestead by the sheriff was filed in the recorder’s office…
2Cases cited4 opinions
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
- Lamb v. MasonSupreme Court of Vermont · 1873
- Stanley v. BakerSupreme Court of Missouri · 1881
3Cited by12 opinions
- Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Broyles v. CoxSupreme Court of Missouri · 1899
- Keeline v. SealySupreme Court of Missouri · 1914
- Sperry v. CookSupreme Court of Missouri · 1912
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