Sperry v. Cook
Supreme Court of Missouri
Appeal from DéKalb Circuit Court. — Hon. A. D. . Burnes, Judge. (1) The debtor acquired the homestead on the 11th of February, 1904, that being the day on which the deed to the same was filed for record in the office of the recorder of deeds for DeKalb county.
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Appeal from DéKalb Circuit Court. — Hon. A. D. . Burnes, Judge. (1) The debtor acquired the homestead on the 11th of February, 1904, that being the day on which the deed to the same was filed for record in the office of the recorder of deeds for DeKalb county. E. S. 1899, Sec. 3622; Shindler v. Givens, 63 Mo. 396; Bant v. Gale, 42 Yt. 27; Lamb v. Mason, 45 Yt. 500; Finnegan v. Prindeville, 83 Mo. 517; O’Shea v. Payne, 81 Mo. 519; Payne v. Fraley, 165 Mo. 196. (2) The primary rule of statutory construction of homestead laws is that the intention of the Legislature governs. And the courts in…
1Opinion of the Court
BROWN, C.
This cause was certified to this court upon-a division of opinion in the Kansas City Court of Appeals, the majority of that court being in favor of the affirmance of the judgment below, Ellisok, J., dissenting. It is a proceeding in the DeKalb county Circuit Court to quash the levy of an execution on land in that county on the ground that the property levied on was the homestead of Cook, the judgment debtor. The majority opinion of the Court of Appeals (Sperry v. Cook, 138 Mo. App. 296, 297) contains a succinct statement which clearly presents the single issue as follows:
“In June,…
Also in this document: Per curiam.
2Cases cited10 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Stivers v. HorneSupreme Court of Missouri · 1876
- Farra v. QuiglySupreme Court of Missouri · 1874
- Loring v. GroomerSupreme Court of Missouri · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Armor v. LewisSupreme Court of Missouri · 1913
- Karsznia v. KelseySupreme Court of Missouri · 1953
- Keeline v. SealySupreme Court of Missouri · 1914
- Regan v. EnsleySupreme Court of Missouri · 1920
- Palmer v. OmerSupreme Court of Missouri · 1927
6 more not listed; retrieve them via the Exa API.