Shindler v. Givens
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. The deed of defendant Givens, for said lots, was not filed for nearly six months, after the rendition of said judgment in favor of plaintiffs, and for that length of time after the lien of said judgment had fastened upon said lots and real estate. Hence, the deed could not prevail as against the execution. (Farra vs. Quigley, 57 Mo. 284 ; West River Bank vs. Gale, 42 Vt. 27; Wagn.
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Appeal from Lafayette Circuit Court. The deed of defendant Givens, for said lots, was not filed for nearly six months, after the rendition of said judgment in favor of plaintiffs, and for that length of time after the lien of said judgment had fastened upon said lots and real estate. Hence, the deed could not prevail as against the execution. (Farra vs. Quigley, 57 Mo. 284 ; West River Bank vs. Gale, 42 Vt. 27; Wagn. Stat., 698, § 7.) - Vogler vs. Montgomery (54 Mo. 577) do eg not involve any question concerning the construction of sections seven- and eight of the Homestead Law. The levy of…
1Opinion of the CourtSherwood, Judge
This case comes before us in order that we may determine the propriety of the action of the lower court in quashing, at the instance of the defendant Givens, the levy of an execution on his alleged homestead. With respect to the motion, evidence was heard, whereby it appeared that the premises — two lots with' a small house thereon, in the town of Waverly — did not exceed in dimensions or value, the statutory limit; that the defendant, who had a family, had resided on the lots in question, from about the time of his purchase and the reception of a deed, on the 6th day of January, 1870 ; that…
2Cases cited3 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- West River Bank v. GaleSupreme Court of Vermont · 1869
- Farra v. QuiglySupreme Court of Missouri · 1874
3Cited by10 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
- Stinson v. CallSupreme Court of Missouri · 1901
- Lincoln v. RoweSupreme Court of Missouri · 1876
- Barton v. WalkerSupreme Court of Missouri · 1901
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