Legal Opinion

Kennedy's Administrator v. Duncan

Missouri Court of Appeals

Decided May 2, 1911PublishedCited by 2 opinions

Appeal from Lincoln Circuit Court. — Hon, James D. Barnett, Judge. (1) The property used and occupied by the plaintiff in the town of Olney was her homestead. She and her husband had lived there for eighteen years and had no other home. She continued to live there and use it as her home after her husband’s death.

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Appeal from Lincoln Circuit Court. — Hon, James D. Barnett, Judge. (1) The property used and occupied by the plaintiff in the town of Olney was her homestead. She and her husband had lived there for eighteen years and had no other home. She continued to live there and use it as her home after her husband’s death. Peake v. Cameron, 102 Mo. 568; Thompson, Homestead, sec. 411. (.2) The deed made to their daughter in March, 1899, was made to defraud their creditors, and notwithstanding that deed plaintiff still had a life estate in the Olney property. Sharp v. Stewart, 185 Mo. 518. (3) Plaintiff…

1Opinion of the CourtReynolds, P. J.

— By her petition filed in the circuit court of Lincoln county, Mrs. Millie J. Kennedy, alleged that she was the widow of one Armstrong L. Kennedy, and that during the lifetime of her husband he was seized of an estate of inheritance in 80 acres of land in Lincoln county (describing it, and hereafter referred to as the acre tract or property) and that the land was sold under execution against her husband to one Perkins; that Perkins, The Farmers & Mechanics Bank, and others claiming under judgment or sheriff’s sales, conveyed it by warranty deed to one Morris; that Morris by Avarranty deed,…

2Cases cited18 opinions

  1. Clark v. ThiasSupreme Court of Missouri · 1903
  2. State Bank v. DoughertySupreme Court of Missouri · 1902
  3. Farra v. QuiglySupreme Court of Missouri · 1874
  4. Welch v. MorrisSupreme Court of Missouri · 1906
  5. Stinson v. CallSupreme Court of Missouri · 1901

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3Cited by2 opinions

  1. First National Bank v. WoelzMissouri Court of Appeals · 1917
  2. Morrow v. ZaneMissouri Court of Appeals · 1914

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