Growney v. O'Donnell
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. J. W. Peery, Special Jtidge. (1) The land having the status of an original homestead, within the limited area, the trial court erred iu finding the deed void only in part. R. S. 1909, .sec. 6704; Bushnell v.-Loomis, 234 ,Mo. 371. (2) The court erred in finding the deed valid as to an‘undetermined excess, and in proceeding under an inapplicable method to ascertain and set out such excess.
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Appeal from Nodaway Circuit Court. — Hon. J. W. Peery, Special Jtidge. (1) The land having the status of an original homestead, within the limited area, the trial court erred iu finding the deed void only in part. R. S. 1909, .sec. 6704; Bushnell v.-Loomis, 234 ,Mo. 371. (2) The court erred in finding the deed valid as to an‘undetermined excess, and in proceeding under an inapplicable method to ascertain and set out such excess. Crech v. Childers, 156 Mo. 338; Hoselton v.' Hoselton, 166 Mo. 182; Reed Bros. v. Nicholson, 189 Mo. 396; Goodrich v. Brown, 63 Iowa, 347 (cited in the notes to…
1Opinion of the CourtGraves, C. J.
Plaintiff, the daughter of Patrick O’Donnell, deceased, joined therein by her husband, brings this action in equity to set aside a deed made by Patrick O’Donnell to his sons, Patrick J. and Joseph J. O’Donnell. The petition charges:
“That said Patrick O’Donnell (deceased) was, at the date of his death, the owner in fee of the northwest quarter of the southwest quarter and the east half of the southwest quarter of section thirty, township sixty-three, of range thirty-four, in said Nodaway County, consisting of one hundred and twenty acres, and was residing thereon at the time of his death; and…
2Cases cited5 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Gladney v. SydnorSupreme Court of Missouri · 1903
- White v. SpencerSupreme Court of Missouri · 1909
3Cited by11 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- Miller v. HabermanSupreme Court of Missouri · 1949
- Larue Ex Rel. Miller v. LarueSupreme Court of Missouri · 1927
- Daniels v. PeckMissouri Court of Appeals · 1926
- Fitterling v. Johnson County Mutual Fire InsuranceMissouri Court of Appeals · 1938
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