Hufschmidt v. Gross
Supreme Court of Missouri
Appeal from Franhlin Circuit Court. — Hon. Rudolph; Hiezel, Judge. (1) The decree cannot be sustained; the accounting of the referee was on a wrong principle. . Thompson on Homesteads, sec. 725; Mix v. King, 66 111. 145; Revised Statutes, 1889, sec. 5444; Keyes v. Kill, 30 Yt. 579; Kaes v. Gross, 92 Mo. 647; Finney v. Prindeville,.. 86 Mo. 521; Thompson on Homesteads, secs. 241, 244,. 246, 570. (2) If the parties are ¡to be regarded as. quasi cotenants, then the right of one…
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Appeal from Franhlin Circuit Court. — Hon. Rudolph; Hiezel, Judge. (1) The decree cannot be sustained; the accounting of the referee was on a wrong principle. . Thompson on Homesteads, sec. 725; Mix v. King, 66 111. 145; Revised Statutes, 1889, sec. 5444; Keyes v. Kill, 30 Yt. 579; Kaes v. Gross, 92 Mo. 647; Finney v. Prindeville,.. 86 Mo. 521; Thompson on Homesteads, secs. 241, 244,. 246, 570. (2) If the parties are ¡to be regarded as. quasi cotenants, then the right of one or several cotenants to collect rents from the cotenant in possession can be derived only from the fact that such…
1Opinion of the CourtBlack, J.
This is a suit to establish a homestead right in favor of the plaintiffs in the property described in the petition, and for an accounting of the rents and profits of such homestead interest.
The material agreed facts are these: Gustavus Hufschmidt died on the twenty-sixth of September, 1879, leaving a widow and a number of children by his then and by a former wife. Two of the children by the former wife, namely, George and Alice, and one by the second wife, named Lulu, were minors. At the time of his death and prior thereto, he owned a lot in the town of Pacific, in Franklin county, on which…
2Cases cited10 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Kaes v. GrossSupreme Court of Missouri · 1887
- Wright v. DunningIllinois Supreme Court · 1867
- Canole v. HurtSupreme Court of Missouri · 1883
- Shepard v. BrewerIllinois Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Scott v. RoystonSupreme Court of Missouri · 1909
- In re SullivanCourt of Appeals for the Eighth Circuit · 1906
- Regan v. EnsleySupreme Court of Missouri · 1920
- Schowe v. KallmeyerSupreme Court of Missouri · 1929
8 more not listed; retrieve them via the Exa API.