Bank of Versailles v. Guthrey
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Tbe pleadings and evidence in this case show that plaintiff has no standing in "a court of equity. Moore v. Wingate, 53 Mo. 398; Mullen v. Heivitt, 103 Mo. 631; Humphreys v. Co., 98 Mo. 548. (2) It is clearly shown by the evidence that defendant James 8. Guthrey was the head of a family and a housekeeper, and that he was entitled to the premises in question as a homestead.
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Appeal from Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Tbe pleadings and evidence in this case show that plaintiff has no standing in "a court of equity. Moore v. Wingate, 53 Mo. 398; Mullen v. Heivitt, 103 Mo. 631; Humphreys v. Co., 98 Mo. 548. (2) It is clearly shown by the evidence that defendant James 8. Guthrey was the head of a family and a housekeeper, and that he was entitled to the premises in question as a homestead. Leake v. King, 85 Mo. 417; Brown v. Executor, 68 Mo. 338; Beckman v. Meyer, 75 Mo. 333; Holland v. Kreider, 86 Mo. 61; Thompson on Homestead, -'sec. 45.…
1Opinion of the CourtBukgess, J.
This is an equitable proceeding to set aside a deed, made by the defendant Guthrey on the twenty-ninth day of December, 1891, to his daughter *192and codefendant Waller, to one hundred and eight acres of land in Morgan county.
Defendant Guthrey bought the land in May, 1885. Prior to its purchase he lived in Saline county, Missouri. His wife died in 1874. He bought the land for a homestead, and moved onto it, with his son, James B., then about twenty-nine years of age, and his daughter, Callie, somewhat older, they being the only members of his family. He continued to live on the land and farm it…
2Cases cited8 opinions
- Crane v. SticklesSupreme Court of Vermont · 1843
- Davis v. LandSupreme Court of Missouri · 1885
- Stanley v. RobbinsSupreme Court of Vermont · 1863
- Miller v. LeeperSupreme Court of Missouri · 1894
- Schaffer v. BeldsmeierSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Woods v. Alvarado State BankTexas Supreme Court · 1929
- Macke v. ByrdSupreme Court of Missouri · 1895
- Pocoke v. PetersonSupreme Court of Missouri · 1914
- Keene v. WyattSupreme Court of Missouri · 1901
- Balz v. NelsonMissouri Court of Appeals · 1903
28 more not listed; retrieve them via the Exa API.