State ex rel. Sligo Iron Store Co. v. Mason
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The circuit court and court of appeals erred in holding that the homestead act, uxion a fair construction, does not provide for the appointment of appraisers and the setting apart of a homestead by a sheriff, when property on which there is a homestead is levied upon by him under a writ of attachmentin his hands. R. S., sec. 2690 et seq.; Vogler •». Montgomery, 54 Mo. 583; State, etc., n.
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Appeal from St. Louis Court of Appeals. (1) The circuit court and court of appeals erred in holding that the homestead act, uxion a fair construction, does not provide for the appointment of appraisers and the setting apart of a homestead by a sheriff, when property on which there is a homestead is levied upon by him under a writ of attachmentin his hands. R. S., sec. 2690 et seq.; Vogler •». Montgomery, 54 Mo. 583; State, etc., n. Diveling, 66 Mo. 379; Casebolt v. Donaldson, 67 Mo. 311; Lamb v. Mason, 50 Yt. 352; State, etc., v. Emerson, 39 Mo. 89. (2) The respondent, if dissatisfied with…
1Opinion of the CourtIIenby, C. J.
The plaintiff sued Mason and his sureties on his bond as sheriff for an alleged breach of said bond, in releasing from an attachment the property of one Daniel T. Shehan, in the city of St. Louis, which had been levied upon by said sheriff, under an attachment issued in a certain cause in which relator herein was plaintiff, and Shehan was defendant. The property was claimed by Shehan as his homestead, and was of the value of $5,500, but was encumbered by a deed of trust executed by Shehan and wife to secure' a debt of $3,500, On the claim of homestead made by Shehan the sheriff appointed…
2Cases cited3 opinions
- Morgan v. StearnsSupreme Court of Vermont · 1868
- Casebolt v. DonaldsonSupreme Court of Missouri · 1878
- Lamb v. MasonSupreme Court of Vermont · 1877
3Cited by9 opinions
- Pasco v. HarleySupreme Court of Florida · 1917
- Barton v. WalkerSupreme Court of Missouri · 1901
- Elstroth v. YoungMissouri Court of Appeals · 1900
- Grimes v. PortmanSupreme Court of Missouri · 1889
- Houf v. Brown & ShenkleMissouri Court of Appeals · 1902
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