Tapley v. Ogle
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court found affirmatively that the land in controversy was at the time of the levy and sale to plaintiff Tapley under the Jacobs judgment, a part of Ware’s homestead, but that Ware and his vendee were estopped from asserting the homestead right as against the plaintiff.
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Appeal from Pike Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court found affirmatively that the land in controversy was at the time of the levy and sale to plaintiff Tapley under the Jacobs judgment, a part of Ware’s homestead, but that Ware and his vendee were estopped from asserting the homestead right as against the plaintiff. If the land in controversy was a part of Ware’s homestead, then the Jacobs judgment constituted no lien on it, and a sale thereunder conveyed no title to the purchaser. Macke v. Byrd, 131 Mo. 688; Bat-cliff v. Graves, 132 Mo. 76; Creech v. Childers (Mo.), 56…
1Opinion of the CourtBurgess, J.
This is ejectment for the possession of block one in the town of Speneeburg, Pike county. The petition is in the usual form, and the answer a general denial. The cause was tried before the court, a jury being waived.
The facts are about as follows:
The defendant is a son-in-law of one O. C. Ware, against whom, and the defendant, one Milton D. Jacobs recovered judgment in the circuit court of said county for the sum of five hundred and one dollars, upon which execution was issued, and thereafter on the'twenty-ninth of May, 1895, at a sale by the sheriff under said execution, plaintiff became the…
2Cases cited1 opinion
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
3Cited by8 opinions
- Karsznia v. KelseySupreme Court of Missouri · 1953
- Irondale Bank v. TerrillMissouri Court of Appeals · 1909
- Meeks Leasing Co. v. YoungMissouri Court of Appeals · 1994
- Van Doren v. WiedemanNebraska Supreme Court · 1903
- Dennis v. WoolseyMissouri Court of Appeals · 1925
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