Zollinger v. Dunnaway
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Ho». W. W. Graves, Judge. (1) “It is the visible occupancy of the premises as the head of a family at the time of the levy of the writ which fixes the homestead rights.” Brewing Ass’n v. Howard, 150 Mo. 451; Barton v. Walker, 165 Mo. 30; Finnegan v. Prindeville, 83 Mo. 517; Goode v. Lewis, 118 Mo. 357; Tennent v. Pruitt, 94 Mo. 145; Rouse v. Catón, 168 Mo. 296. (2) Our homestead statute is transplanted from Vermont.
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Appeal from Henry Circuit Court. — Ho». W. W. Graves, Judge. (1) “It is the visible occupancy of the premises as the head of a family at the time of the levy of the writ which fixes the homestead rights.” Brewing Ass’n v. Howard, 150 Mo. 451; Barton v. Walker, 165 Mo. 30; Finnegan v. Prindeville, 83 Mo. 517; Goode v. Lewis, 118 Mo. 357; Tennent v. Pruitt, 94 Mo. 145; Rouse v. Catón, 168 Mo. 296. (2) Our homestead statute is transplanted from Vermont. And the rulings there are in harmony with the decisions of this State. True v. Marrill, 28 Vt. 672; Davis v. Andrews, 30 Vt. 678; Spalding v.…
1Opinion of the CourtEllison, J.
Plaintiff obtained a judgment against defendant and in attempting to enforce satisfaction thereof the sheriff leAded an execution on eighty acres of land owned by him which did not exceed the value of homesteads as prescribed by statute. The defendant claimed the tract as his homestead and therefore exempt. The trial court sustained the claim and the plaintiff duly appealed to the Supreme Court from whence it was transferred to this court.
Accepting the testimony of the defendant in his own behalf we feel constrained to rule that his claim is ill founded. It appears that he is the head of a…
2Cases cited6 opinions
- Duffey v. WillisSupreme Court of Missouri · 1889
- Finnegan v. PrindevilleSupreme Court of Missouri · 1884
- Goode v. LewisSupreme Court of Missouri · 1893
- St. Louis Brewing Ass'n v. HowardSupreme Court of Missouri · 1899
- Tennent v. PruittSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.