Regan v. Ensley
Supreme Court of Missouri
Appeal, from Montgomery Circuit Court. — Eon. E. 8. Gantt, Judge. (1) The evidence shows clearly that the property in suit, was the homestead of Solomon Ensley and his wife, Rebecca Ensley.
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Appeal, from Montgomery Circuit Court. — Eon. E. 8. Gantt, Judge. (1) The evidence shows clearly that the property in suit, was the homestead of Solomon Ensley and his wife, Rebecca Ensley. He died April 30, 1896. The Homestead Law of 1895, page 185 was in force at the time of his death, and is the same as Secs. 3613, 3620, R. S. 1899. (2) The only question for decision is, could Solomon Ensley lawfully convey in fee simple his homestead to his wife for life and at her death to his son, William Ensley, there being no minor children? We insist that under Secs. 3616, 3620, R. S. 1899, he could…
1Opinion of the CourtWalker, C. J.
This is a suit to partition certain town lots in New Florence, Montgomery County. Mary Alice Regan and Sarah Anderson, appellants, and William Ensley, respondent, are the children of Solomon and Rebecca Ensley, through whom appellants claim title by descent as tenants in common to the lots in question. A trial in the circuit court resulted in a finding that appellants had no title to the property and that the fee in same was in the respondent. Prom the judgment rendered thereon appellants have prosecuted this appeal.
Solomon Ensley died testate in April, 1896, seized in fee of the lots, which…
2Cases cited15 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- West v. McMullenSupreme Court of Missouri · 1892
- Armor v. LewisSupreme Court of Missouri · 1913
- State ex rel. Pike County v. GordonSupreme Court of Missouri · 1916
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