Snodgrass v. Copple
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Joshua, W- Alexander, Judge. (1) Removal of the family from the homestead constitutes a prima-facie case of abandonment, and raises a presumption against claim of homestead, and the burden of proof is upon one making such claim to rebut the presumption.
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Appeal from Livingston Circuit Court. — Hon. Joshua, W- Alexander, Judge. (1) Removal of the family from the homestead constitutes a prima-facie case of abandonment, and raises a presumption against claim of homestead, and the burden of proof is upon one making such claim to rebut the presumption. Kaes v. Gross, 92 M’o. 655; Smith v. Bunn, 75 Mo. 559; Waples on Homestead, pp. 564-5; Thompson on Homesteads, secs. 259-265. (2) The right of homestead exemption ceases to exist when the occupant leaves the premises with a view of acquiring a residence elsewhere, and with no intention to return.…
1Opinion of the CourtJohnson, J.
This is a proceeding to quash the levy of an execution. The question in issue is whether defendant Copple, against whom plaintiff recovered a judgment of $371 on May 12, 1903, abandoned his homestead right in a certain residence property in the town of Dawn, Livingston county, before execution was issued and levied thereon. The trial court heard the evidence, held there had been no abandonment, and rendered judgment accordingly. An appeal was granted to the Supreme Court but that tribunal transferred the cause to this court on the ground that we alone had jurisdiction over it. [Snodgrass v.…
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