State ex rel. Sligo Iron Store Co. v. Mason
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Upon a fair construction of the statute relating to homestead, appraisers may be appointed and homestead set apart under a writ of attachment.— Vogler v.Montgomery, 54 Mo. 583 ; The State ex red. v. Diveling, 66 Mo. 379. If' the homesteader was not entitled to the equity of redemption as a homestead he should have moved to quash the action of the appraisers ( Greath v. Dale, 69 Mo. 41) ; or have begun a direct proceeding…
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Appeal from the St. Louis Circuit Court, Thayer, J. Upon a fair construction of the statute relating to homestead, appraisers may be appointed and homestead set apart under a writ of attachment.— Vogler v.Montgomery, 54 Mo. 583 ; The State ex red. v. Diveling, 66 Mo. 379. If' the homesteader was not entitled to the equity of redemption as a homestead he should have moved to quash the action of the appraisers ( Greath v. Dale, 69 Mo. 41) ; or have begun a direct proceeding under section 2698 of the statutes. —Schaeffer v. Bernheimer, 9 Mo. App. 445. If the mortgage becomes the property of the…
1Opinion of the CourtThompson, J.
This is an action upon the bond of the defendant as sheriff of the city of St. Louis. The facts are that the plaintiff’s usee brought an action against one Daniel T. Sheehan, by attachment. The attachment was placed in the hands of the sheriff; was by him levied upon a piece of real estate, the property of Sheehan, and notice of the levy was filed in the office of the recorder of deeds. The reasonable value of this real estate was $5,500, and it was incumbered to *143the extent of $3,500 by a deed of trust. Sheehan was the head of a family, and occupied the property as his homestead. He made,…
2Cases cited5 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Skouten v. WoodSupreme Court of Missouri · 1874
- Casebolt v. DonaldsonSupreme Court of Missouri · 1878
- Lamb v. MasonSupreme Court of Vermont · 1877
- Devereaux v. FairbanksSupreme Court of Vermont · 1878
3Cited by2 opinions
- State ex rel. Estes v. SpringerMissouri Court of Appeals · 1891
- Burrell v. HighleymanMissouri Court of Appeals · 1888