Dickerson v. Bridges
Supreme Court of Missouri
Appeal from Qreene Circuit Court. — Hon. James T. • Neville, Judge. (1) A homesteader or preemptioner can make a valid mortgage or deed of trust upon his interest in the land which he occupies prior to final proof or commutation, a mortgage or deed of trust not being a grant or conveyance or an alienation within the meaning of the homestead and preemption laws of the United States.
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Appeal from Qreene Circuit Court. — Hon. James T. • Neville, Judge. (1) A homesteader or preemptioner can make a valid mortgage or deed of trust upon his interest in the land which he occupies prior to final proof or commutation, a mortgage or deed of trust not being a grant or conveyance or an alienation within the meaning of the homestead and preemption laws of the United States. R. S. U. S., sec. 2291; Lang v. Morey, 42 N. W. Rep. 88; Spies v. Newberg, 37 N. W. Rep. 417; Orr v. Stewart, 7 Pac. Rep. 693; Jones v. Tainter, 15 Minn. 512; Fuller v. Hunt, 48 la. 163; Nycum v. McAlister, 33 la.…
1Opinion of the CourtRobinson, J.
— In an action of ejectment for the land in suit between plaintiff as the purchaser thereof at foreclosure sale under a second deed of trust, against the defendant in possession as the purchaser under a first or prior deed of trust thereon by the same grantor, as well as purchasers thereof at execution .sale against said grantor, the trial court upon the following facts rendered judgment in favor of plaintiff for the possession of the land.
Under the homestead laws of the United States, Henry Cutburth entered the tract of land in suit on December 28, 1885. On October 17, 1887, he and wife…
2Cases cited1 opinion
- Dickerson v. CuthburthMissouri Court of Appeals · 1894
3Cited by25 opinions
- R. L. Sweet Lumber Co. v. E. L. Lane, Inc.Supreme Court of Missouri · 1974
- Leonard v. Benfford Lumber Co.Texas Supreme Court · 1919
- Weber v. LaidlerWashington Supreme Court · 1901
- Missouri Real Estate & Loan Co. v. GibsonSupreme Court of Missouri · 1920
- Adam v. McClintockNorth Dakota Supreme Court · 1911
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