Ridenour-Baker Grocery Co. v. Monroe
Supreme Court of Missouri
Appeal from, Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) “A homestead, is the place where the owner lives and resides. It must be used and occupied by the owner as the homestead.” Thompson on Horn, and Exemp., sec. 100. (2) A family “is a collection of persons who live in one house and under one head or manager.” Thompson on Horn, and Exemp., sec. 60. (3) In legal contemplation two elements are essential to constitute a family headship.
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Appeal from, Newton Circuit Court. — Hon. J. C. Lamson, Judge. (1) “A homestead, is the place where the owner lives and resides. It must be used and occupied by the owner as the homestead.” Thompson on Horn, and Exemp., sec. 100. (2) A family “is a collection of persons who live in one house and under one head or manager.” Thompson on Horn, and Exemp., sec. 60. (3) In legal contemplation two elements are essential to constitute a family headship. If other than the husband or father, he must not only be under a moral duty to support and does support those living with him, but he must also…
1Opinion of the CourtGantt, P. J.
This is an appeal from a final decree of the circuit court of Newton county dismissing a bill in equity by plaintiff to set aside a certain conveyance of real estate in Neosho as fraudulent and to subject the same to a judgment in favor of plaintiff against Lula E. Monroe, the daughter of defendant. It is an equitable suit in aid of an attachment and based upon section 571, Revised Statutes 1889. The plaintiff was and is a créditor of the firm of Bryan & Monroe, composed ■of J. L. Bryan and Miss Lula E. Monroe, doing a mercantile business at Neosho from about the first of October, 1893, until…
2Cases cited5 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- Duncan v. FrankMissouri Court of Appeals · 1880
- Spengler v. Kaufman & WilkinsonMissouri Court of Appeals · 1891
- State ex rel. Smythe v. KaneMissouri Court of Appeals · 1890
- State v. SlaterSupreme Court of Missouri · 1856
3Cited by14 opinions
- Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
- State v. HaneySupreme Court of Missouri · 1955
- In Re ArnoldUnited States Bankruptcy Court, W.D. Missouri · 1996
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Wentz v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1914
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