Houf v. Brown & Shenkle
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Judgment was based on tbe Powell Case, 157 Mo. 151. In accordance with tbis opinion tbe court beld that plaintiff bad no title to tbe premises sued for and could not recover. Tbe cases of Broyles v. Cox, 153 Mo. 242, and In re Powell, 157 Mo! 151, bave been overruled.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Judgment was based on tbe Powell Case, 157 Mo. 151. In accordance with tbis opinion tbe court beld that plaintiff bad no title to tbe premises sued for and could not recover. Tbe cases of Broyles v. Cox, 153 Mo. 242, and In re Powell, 157 Mo! 151, bave been overruled. Keen v. Wyatt, 160 Mo. 1; New Madrid v. Brown, 165 Mo. 38. Under these decisions plaintiff acquired a title to tbe land in suit, even tbougb they were part of tbe homestead, and as tbe evidence showed that tbe value of tbe forty acres on which the dwelling bouse…
1Opinion of the CourtValliant, J.
Ejectment for thirty acres of land in Livingston county. The land belonged to Elias Kile in his lifetime, and the plaintiff claims title under a deed from the administrator of Kile’s estate. Kile died in 1887, leaving a widow, now Emily Shenkle, defendant, and several minor children. Emily claims that the land in suit was part of the homestead of her late husband and exempt from sale for his debts as such.
The cause was tried hy the court, jury waived.
The evidence shows that Kile died, owning but little personal property, which was by the probate court assigned to the widow under section 252,…
2Cases cited2 opinions
- State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
- Meyer v. NickersonSupreme Court of Missouri · 1890
3Cited by6 opinions
- Hurt v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
- Adams v. AdamsSupreme Court of Missouri · 1904
- Farmers Bank v. HandlySupreme Court of Missouri · 1928
- Franklin v. ComerSupreme Court of Alabama · 1911
- Bachman v. HurttWyoming Supreme Court · 1919
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