Balance v. Gordon
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. W. H. Martin, Judge. Under the Homestead Law of 1875, Sec. 5439, R. S. 1889, the homestead of deceased could be sold to pay the debts of deceased, subject to the homestead rights of his widow and minor children. Keene v. Wyatt, 160 Mo. 1; Robbins v. Boulware, 190 Mo. 33. The construction of the Homestead Law of 1875 was as much a part of the contract of indebtedness — the Taylor note in this case — as any other part of it.
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Appeal from Moniteau Circuit Court. — Hon. W. H. Martin, Judge. Under the Homestead Law of 1875, Sec. 5439, R. S. 1889, the homestead of deceased could be sold to pay the debts of deceased, subject to the homestead rights of his widow and minor children. Keene v. Wyatt, 160 Mo. 1; Robbins v. Boulware, 190 Mo. 33. The construction of the Homestead Law of 1875 was as much a part of the contract of indebtedness — the Taylor note in this case — as any other part of it. Broyles v. Cox, 153 Mo. 251; 36 Cyc. 1210 and 1211. Homestead exemption rights are effective only from date of filing for record…
1Opinion of the CourtLamm, J.
Gilbert Balance, an ex-slave, died full of years and testate on the 1st of August, 1898, in the city of California, seized of lots 25 and 26 in Gri-ner’s Addition and leaving a widow, Dolly, and children — one of them, a minor daughter Ollie, the plaintiff. Gilbert, by his will duly probated, devised the lots to Dolly during her life- and after her death to plaintiff. Defendants having taken possession of the lots in April, 1908, plaintiff presently sued to determine and adjudge title, averring in her petition facts sufficient to invoke old section 650 and (inter alia) that the lots were the…
2Cases cited11 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Rogers v. MarshSupreme Court of Missouri · 1880
- Keene v. WyattSupreme Court of Missouri · 1901
- Anthony v. RiceSupreme Court of Missouri · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- May v. GiblerSupreme Court of Missouri · 1928
- Armor v. LewisSupreme Court of Missouri · 1913
- Hallauer v. LackeySupreme Court of Missouri · 1945
- Karsznia v. KelseySupreme Court of Missouri · 1953
- Maupin Ex Rel. Maupin v. LongacreSupreme Court of Missouri · 1926
9 more not listed; retrieve them via the Exa API.