Dalton v. Simpson
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — lion. Edgar B. Woolf oik, Judge. (1) The widow of the deceased homesteader was and is entitled to have her homestead allotted to her in kind, inasmuch as it clearly, appears that the homestead was and can be allotted in a compact body, leaving the residue of the land in a compact body of 50.23 acres. B. S. 1909, sec. 6708-6714; Schaeffer v. Beldsmeier, 9 Mo.
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Appeal from St. Charles Circuit Court. — lion. Edgar B. Woolf oik, Judge. (1) The widow of the deceased homesteader was and is entitled to have her homestead allotted to her in kind, inasmuch as it clearly, appears that the homestead was and can be allotted in a compact body, leaving the residue of the land in a compact body of 50.23 acres. B. S. 1909, sec. 6708-6714; Schaeffer v. Beldsmeier, 9 Mo. App. 444. (2) The only condition under which the statute authorizes the court to order the homestead sold, is in the case where the dwelling house, outbuildings, and lands in connection therewith,…
1Opinion of the Court
BROWN, C.
— This is a partition for about 91 acres of ground in St. Charles County, Missouri. _ Originally Harriet U. Dalton, John C. Brown and Lucy L. Brown were plaintiffs, and William Simpson, Seony. Simpson, Prank Simpson, Bertha Simpson, Joseph Simpson, Lora Simpson and Beulah Simpson were defendants. The petition is as follows:
“Plaintiffs state that they and defendants are the owners in fee in common and in possession of the following described real estate in St. Charles County and State of Missouri, to-wit:”
(Plere follows a description by metes and bounds of the land involved which…
2Cases cited8 opinions
- Aull v. DaySupreme Court of Missouri · 1896
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Davidson v. I. M. Davidson Real Estate & Investment Co.Supreme Court of Missouri · 1913
- Fogle v. PindellSupreme Court of Missouri · 1913
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- Schlup v. ThrasherMissouri Court of Appeals · 1921
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