State ex rel. Meinzer v. Diveling
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hour. John W. Henry, Judge. The homestead act was passed March 20th 1866. 1. Jacob Diveling could not claim the land as his homestead, nor can his widow, as against the relator’s demand. Wag. Stat., p. 698, § 7; 1 Am. Law Reg. (N. S.) 648, 649, note; Shindlerv.
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Appeal from Schuyler Circuit Court. — Hour. John W. Henry, Judge. The homestead act was passed March 20th 1866. 1. Jacob Diveling could not claim the land as his homestead, nor can his widow, as against the relator’s demand. Wag. Stat., p. 698, § 7; 1 Am. Law Reg. (N. S.) 648, 649, note; Shindlerv. Civens, 63 Mo. 394; Lincoln v. Lowe, 64 Mo. 138; Farra v. Quigly, 57 Mo. 284. The entry is noted on the plat book of entries; but no patent was ever issued, and Diveling never had any title of record. A patent to land from the government is entitled to record the same as any other conveyance. By…
1Opinion of the CourtNorton, J.
— This is a suit instituted on the bond of Sibilla Diveling, administratrix of the estate of Jacob Diveling. It appears from the pleadings in the ease that in 1869, Jacob Diveling executed his note to relator for the sum of §500; that after the execution of said note the said Diveling made a voluntary conveyance of one hundred and sixty acres of land'in Schuyler county, to John W. Diveling; that relator obtained judgment. on said note against said Diveling in the Schuyler county circuit court, and instituted a proceeding in said court against John W. Diveling and Sibilla Diveling,…
2Cases cited5 opinions
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