Simpson v. Scroggins
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Bow. Argus Coco, Judge. (1) As defendant Sarah C. Scroggins was not notified of her homestead right by the sheriff and the same was not set apart to her that she might designate the part to be sold under the Bechow execution, if it was subject thereto, the sale and deedmade under said execution was invalid and conveyed no title.
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Appeal from Polk Circuit Court. — Bow. Argus Coco, Judge. (1) As defendant Sarah C. Scroggins was not notified of her homestead right by the sheriff and the same was not set apart to her that she might designate the part to be sold under the Bechow execution, if it was subject thereto, the sale and deedmade under said execution was invalid and conveyed no title. Stinson v. Call, 163 Mo. 320; Creech v. Childers, 156 Mo. 342. (2) Upon the death of Jesse Scroggins, his homestead in the premises described in plaintiff’s petition passed to and vested in his widow, Sarah C. Scroggins, and his minor…
1Opinion of the CourtFox, J.
This appeal comes here from a judgment rendered in partition of certain lands claimed by parties plaintiff and defendant.
The petition in this cause is as follows, to-wit:
“Now comes the plaintiff, James G. Simpson, and for amended petition, states that Jesse Scroggins died in Polk county, Missouri, testate, on or about July —, 1872, seized and possessed in fee of the following described land, to-wit: The northeast quarter of section 15, and seventeen acres on the north side of Slagle creek in the northwest quarter of southeast quarter, and three acres and eighty perches in the southeast comer…
2Cited by4 opinions
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Proctor v. Board of Trustees of Methodist Episcopal ChurchSupreme Court of Missouri · 1909
- Dalton v. SimpsonSupreme Court of Missouri · 1917
- Wilson v. DeweeseMissouri Court of Appeals · 1907