Weatherford v. King
Supreme Court of Missouri
Appeal from Frcmklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Whenever necessary, by reason of any proceeding pending, the probate court, and in some cases, other courts, may set out to the widow her homestead. But the law nowhere authorizes it to be set out to anybody but the widow personally. Revised Statutes, 1879, secs. 2693, 2394, 2697. (2) The widow in this case was entitled to quarantine in the whole farm.
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Appeal from Frcmklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Whenever necessary, by reason of any proceeding pending, the probate court, and in some cases, other courts, may set out to the widow her homestead. But the law nowhere authorizes it to be set out to anybody but the widow personally. Revised Statutes, 1879, secs. 2693, 2394, 2697. (2) The widow in this case was entitled to quarantine in the whole farm. Revised Statutes, 1879, sec. 4533. This is a life estate, is vendible by her, and no laches can be imputed to the .heir, who stands by and sees the widow deal with the…
1Opinion of the CourtM'acfablane, J.
The suit is .for the partition of three hundred' and nine and one-half acres of land in Franklin county: The title to the land comes through one Burnell Weatherford, who died seized and possessed thereof in 1872. Deceased left surviving him his widow, Susan P. Weatherford, and a number of children. At the time of his death and prior thereto, he lived upon the land with his family and used it as a homestead. After his death his widow, with her family, continued to occupy the homestead until the nineteenth of February, 1891, when by a deed, sufficient in form, for the consideration of one…
2Cases cited5 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Rogers v. MarshSupreme Court of Missouri · 1880
- Canole v. HurtSupreme Court of Missouri · 1883
- Freund v. McCallSupreme Court of Missouri · 1881
- Miller v. SchneblySupreme Court of Missouri · 1890
3Cited by6 opinions
- Jennings v. CherrySupreme Court of Missouri · 1923
- Mills v. MillsSupreme Court of Missouri · 1897
- Overfield v. OverfieldSupreme Court of Missouri · 1930
- Linville v. HartleySupreme Court of Missouri · 1895
- Wilson v. JohnsonSupreme Court of Missouri · 1901
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