Libby v. Boward
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) The death of Charles F. Boward occurred in 1900 and the petition for sale was not filed until 1918, hence the matter was so stale that the court should not have considered the petition for sale.
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Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) The death of Charles F. Boward occurred in 1900 and the petition for sale was not filed until 1918, hence the matter was so stale that the court should not have considered the petition for sale. Gunby v. Brown, 86 Mo. 253. (2) The agreed statement of facts shows that Charles F. Boward died in the year 1900; hence Section 3620, R. S. 1899 (being the homestead law enacted in 1895) would control and fix the rights of the parties in this action, and the appellant contends that under this section the real estate in question passed on the…
1Opinion of the Court
Both counsel for appellant and respondent have filed clear and intelligent statements in this court, and there appears to be no disagreement between them as to the facts. WeStatement. accordingly adopt respondent's statement, which reads as follows:
"Charles F. Boward died, intestate, in Linn County, Missouri, on August 8, 1900, leaving surviving him, Sophrona E. Boward, his widow, and one minor son, H.W. Boward, the appellant herein, and seized and possessed of a house and lot in the City of Brookfield, in said Linn County, which premises then as well as now, was of about the value of $1000.…
2Cases cited12 opinions
- Keene v. WyattSupreme Court of Missouri · 1901
- Armor v. LewisSupreme Court of Missouri · 1913
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Anthony v. RiceSupreme Court of Missouri · 1892
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
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3Cited by4 opinions
- Williams v. WalkerSupreme Court of Missouri · 1933
- Dennis v. GormanSupreme Court of Missouri · 1921
- Stanton v. LeonardSupreme Court of Missouri · 1939
- In Re Est. of Clute v. CluteMissouri Court of Appeals · 1942