Feurt v. Caster
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Now. Gallatin Craig, Special Judge. (1) The court erred in permitting plaintiff to state his intentions in respect to his homestead. There must he something more than mere intentions to impress land with a homestead.
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Appeal from Daviess Circuit Court. — Now. Gallatin Craig, Special Judge. (1) The court erred in permitting plaintiff to state his intentions in respect to his homestead. There must he something more than mere intentions to impress land with a homestead. Stanley v. Baker, 75 Mo. 62; Raes v. Gross, 92 Mo. 647; Hofschmidt v. Gross, 112 Mo. 649’; Thompson on Homestead, sec. 267; Smith v. Bunn, 75 Mo. 559. (2) The court erred in permitting pla.iTri-.iff to attack collaterally in this suit the return in the case of Ellen Gilreath against him under which judgment was rendered and the land in…
1Opinion of the CourtMarshall, J.
Ejectment for the northwest quarter of the northwest quarter of section 5, in township 59, range 28, in Daviess county. The petition is in the usual form, and ouster is laid as of January 2, 1900. The answer is a general denial. Upon the trial below it was admitted that Mrs. Nancy Cl Feurt is the common source of title; that she was the wife of the plaintiff at the time of her death, and that she died seized of-an indefeasible estate in fee simple of the land. She died 'in April, 1889, intestate, leaving surviving her the 'plaintiff, her husband, and seven living children born of 'that…
2Cases cited24 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- McClanahan v. WestSupreme Court of Missouri · 1889
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
19 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Anderson v. RobertsonMissouri Court of Appeals · 1966
- Harriman v. HarrimanMissouri Court of Appeals · 1955
- Wenzel v. WenzelMissouri Court of Appeals · 1955
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Norton v. ReedSupreme Court of Missouri · 1913
29 more not listed; retrieve them via the Exa API.