Wilson v. Johnson
Supreme Court of Missouri
Appeal from De Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in instructing the commissioners to disregard the present value of the land. The commissioners in this case should set out homestead in the same manner as in the case of executions.
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Appeal from De Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in instructing the commissioners to disregard the present value of the land. The commissioners in this case should set out homestead in the same manner as in the case of executions. R. S. 1899, sec. 3624. In the case of executions the homestead is limited by section 3616, to the value of $1,500, at the time of setting it out, and the commissioners had no right to exceed that value at the time of setting it out. R. S. 1899, sec. 3617. In,the case of executions a debtor may have a homestead exempt from his…
1Opinion of the CourtGantt, J.
This is a suit by one of the adult heirs at law of Cornelius Johnson, deceased, late of DeKalb county, Missouri, against his widow and other heirs for the assignment of the homestead and dow-er of the widow, Mrs. Mary Johnson, and the minor children, and for a partition of the remainder of said estate.
The lands consist of ninety-five acres in D'eKalb county, the homestead of Cornelius Johnson at the time of his death. The petition is in the usual form. The answer admitted the heirship and the. title to the land, and consents to the admeasurement of the dower and homestead, but avers that at…
2Cases cited6 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Riddick v. WalshSupreme Court of Missouri · 1852
- West v. McMullenSupreme Court of Missouri · 1892
- Hufschmidt v. GrossSupreme Court of Missouri · 1892
- Register v. HensleySupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. GartrellMissouri Court of Appeals · 1903