Legal Opinion

Keene v. Wyatt

Supreme Court of Missouri

Decided May 21, 1901PublishedCited by 29 opinions

Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, ¿Judge. (1) The homestead is not subject to sale in any event during its continuance; neither the particular or general estate during the life of the particular estate.

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Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, ¿Judge. (1) The homestead is not subject to sale in any event during its continuance; neither the particular or general estate during the life of the particular estate. R. S. 1879, sec. 2693; Broyles v. Cox, 54 S. W. 488; In re Powell’s Estate, 57 S. W. 717; Bank v. Guthrey, 127 Mo. 196. (2) Under section 2693, Revised Statutes 1879 (in force when Barker died), the homestead passed to the widow and minor children and the general estate after its expiration to the heirs. R. S. 1879, sec. 2693. (3) It was therefore beyond the…

1Opinion of the Court

If Division Two.

BURGESS, J.

In 1887 Josiah Barker died seized of one hundred acres of land in Mississippi county, of the value of one thousand dollars, upon which he lived, as his homestead, with his wife, Elizabeth Wyatt (who afterwards intermarried with her co-defendant Asa Wyatt), and her minor children, to-wit, Ida, who afterwards intermarried with her co-plaintiff Charles Keene, Mary, who afterwards intermarried with her co-plaintiff Lee Bartoueh, and the' defendants Eddie Barker, Norah Barker and Sallie Barker.

In Eebruary, 1888, Robert Vowels was appointed administrator of Josiah…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Macke v. ByrdSupreme Court of Missouri · 1895
  2. Murphy v. DeFranceSupreme Court of Missouri · 1891
  3. Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
  4. Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
  5. Poland v. VesperSupreme Court of Missouri · 1878

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3Cited by29 opinions

  1. State ex rel. Rose v. JobSupreme Court of Missouri · 1907
  2. Bates v. SylvesterSupreme Court of Missouri · 1907
  3. City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
  4. Kessner v. PhillipsSupreme Court of Missouri · 1905
  5. Holton v. CochranSupreme Court of Missouri · 1907

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