Hannah v. Hannah
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The homestead can exist only where the legal title is vested in the head of the family; at the time of his death it does not exist in a mere equity in the land. R. S. 1889, sec. 5441. (2) The homestead may be sold in partition where the land is not susceptible of division, subject to the homestead rights of the widow and minor children.
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Appeal from St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) The homestead can exist only where the legal title is vested in the head of the family; at the time of his death it does not exist in a mere equity in the land. R. S. 1889, sec. 5441. (2) The homestead may be sold in partition where the land is not susceptible of division, subject to the homestead rights of the widow and minor children. R. S. 1889, sec. 5439; Poland v. Vesper, 67 Mo. 727. (1) The appellants have filed no statement of this cause and the appeal should be dismissed. E. S., sec. 2301. (2) A homestead can exist…
1Opinion of the CourtSherwood, P. J.
In 1855 the south half of the northeast quarter of section 10, township 38, range 25, known as swamp land, was sold by order of the county court of St. Clair county, on a credit of one year, the purchaser giving bond and receiving a certificate of purchase from the sheriff. The purchaser at this sale was one Cox, at the price of $100; gave bond as required and received his certificate.
In February, 1857, Cox, by his deed, conveyed to Joseph Hannah all his right, title and interest in the land, subject to the payment of the purchase money, Hannah assuming the payment of that, and giving his own…
2Cases cited2 opinions
- Spears v. BondSupreme Court of Missouri · 1883
- Poland v. VesperSupreme Court of Missouri · 1878
3Cited by8 opinions
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- Newton v. NewtonSupreme Court of Missouri · 1901
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
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