Legal Opinion

Crisp v. Crisp

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 8 opinions

Error to Johnson Circuit Court. — Hon. N. M. Gtvan,. Judge. (1) It is essential to the validity of a sale on execution. of premises containing a homestead, to set out the homestead before the sale. 2 Wag. Stat., chap. 68, p. 697 ; Perkins v.' Quigley, 62 Mo. 498 ; Vogler v. Montgomery, 54 Mo. 577; Thompson on 'Homesteads, secs. 639, 640. (2) The life estate of the plaintiff would support her homestead claim. 1 Am. Law Reg.

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Error to Johnson Circuit Court. — Hon. N. M. Gtvan,. Judge. (1) It is essential to the validity of a sale on execution. of premises containing a homestead, to set out the homestead before the sale. 2 Wag. Stat., chap. 68, p. 697 ; Perkins v.' Quigley, 62 Mo. 498 ; Vogler v. Montgomery, 54 Mo. 577; Thompson on 'Homesteads, secs. 639, 640. (2) The life estate of the plaintiff would support her homestead claim. 1 Am. Law Reg. (N. S.) 652 ; State ex rel. v. Dixeling, 66 Mo. 375. (I)- Plaintiff’s right of homestead became fixed upon her husband’s death, and is not affected by a subsequent change…

1Opinion of the CourtBlack, J.

— This was ejectment for some six hundred acres of land. Greenville Crisp, plaintiff’s husband, owned and resided on the land prior to 1861. In that year he went to the state of Texas, evidently designing to return as soon as he could with safety. He died there on the twentieth of December, 1865, *632testate, and by Ms will devised the property in question to plaintiff for her life. In 1867, she returned with her minor children and took possession of these lands. In 1868, she and two of her sons incurred debts, for nonpayment of which judgments were recovered against them, and these lands were…

Also in this document: Dissent.

2Cases cited7 opinions

  1. Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
  2. Hartwell v. McDonaldIllinois Supreme Court · 1873
  3. Perkins v. QuigleySupreme Court of Missouri · 1876
  4. Letchford v. CaryMississippi Supreme Court · 1876
  5. Swan v. StephensMassachusetts Supreme Judicial Court · 1868

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3Cited by8 opinions

  1. Macke v. ByrdSupreme Court of Missouri · 1895
  2. Bunn v. LindsaySupreme Court of Missouri · 1888
  3. Anthony v. RiceSupreme Court of Missouri · 1892
  4. Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
  5. St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899

3 more not listed; retrieve them via the Exa API.

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