Stinde v. Behrens
Supreme Court of Missouri
Error to St. Louis Court of Appeals. 1. It is no concern of the creditor to which member of the family, husband, or wife, the homestead belongs. Thompson on Homesteads, § 224; Hixon v. George, 18 Kas. 253; Monroe v. May, 9 Kas. 466. 2. The Atchison property was the homestead of Rudolph Behrens, his wife and four minor children, and was totally exempt from all process, and could not even be conveyed by him alone nor incumbered, and no creditor could reach it or touch it.
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Error to St. Louis Court of Appeals. 1. It is no concern of the creditor to which member of the family, husband, or wife, the homestead belongs. Thompson on Homesteads, § 224; Hixon v. George, 18 Kas. 253; Monroe v. May, 9 Kas. 466. 2. The Atchison property was the homestead of Rudolph Behrens, his wife and four minor children, and was totally exempt from all process, and could not even be conveyed by him alone nor incumbered, and no creditor could reach it or touch it. Moms v. Ward, 5 Kas. 259; Lollman v. Harris, 5 Kas. 597 ; Monroe v. May, 9 Kas. 466; Moore v. Peeves, 15 Kas. 150; La Pue v.…
1Opinion of the CourtHough, C. J.
In 1874 the defendants, as husband and wife, occupied, as a homestead, certain property in the town of Atchison, Kansas, the legal title to which, was vested in the defendant, Rudolph Behrens. After the acquisition of said property, as a homestead, said Rudolph became indebted to the plaintiff, and being so indebted, he and his wife, Wilhelmina, in September, 1874, conveyed said homestead to Anna M. Gusching, and in payment therefor, said Anna and her husband conveyed to the defendant, Wilhelmina, in fee, lots 60, 61, 62 and 63, in block 71, in the city of Carondelet, and also, paid to her…
2Cited by4 opinions
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- State Bank v. DoughertySupreme Court of Missouri · 1902
- Steele v. ReidSupreme Court of Missouri · 1920
- Schroeder v. GohdeSupreme Court of Minnesota · 1913