Kochling v. Daniel
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, J udge. (1) The homestead act vested this peculiar interest, immediately upon the death of the parent, in the minor children, as well as in the widow. Wag. Stat., p. 698 § 5. The mother and widow could not alienate the children’s interest. It could not be seized even for the debts of those children.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, J udge. (1) The homestead act vested this peculiar interest, immediately upon the death of the parent, in the minor children, as well as in the widow. Wag. Stat., p. 698 § 5. The mother and widow could not alienate the children’s interest. It could not be seized even for the debts of those children. Eunton v. Woodbury, 24 la. 74; Moore v. Euning, 29 111. 130. The fact that some of the borrowed money went to pay taxes makes no difference, as the State had no greater rights than individuals. State v. Pitts, 51 Mo. 132. (2) The mere fact…
1Opinion of the Court
Philips, C.
This is an action in ejectment to recover *56the possession of the northeast quarter of section 19, township 52, range 5, situated in Audrain county. Petition is in the usual form. The plaintiffs are minors, suing by their next friend. The answer alleged that the land belonged in fee to one Joseph Kochling, that lie died in 1871 seized of this land as a homestead leaving his wife and children surviving, the plaintiffs herein being his minor children. The widow and said children occupied said land as a homestead. She becoming indebted for taxes on said land and otherwise mortgaged the…
2Cases cited2 opinions
- Canole v. HurtSupreme Court of Missouri · 1883
- Roberts v. WareSupreme Court of Missouri · 1883
3Cited by3 opinions
- Scott v. RoystonSupreme Court of Missouri · 1909
- Hufschmidt v. GrossSupreme Court of Missouri · 1892
- Rhorer v. BrockhageSupreme Court of Missouri · 1885