Legal Opinion

Holland v. Kreider

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 5 opinions

Appeal from Qreene Circuit Court. — Hon. W. P. G-eigee, Judge. (1) A.n estate by the curtesy, or a marital estate for joint lives, will support a homestead. Thompson on Homesteads (1 Ed.) 174. (2) When a homestead is-abandoned judgment liens attach. Thompson on Homesteads (1 Ed.) sec. 263, et seq. Sale is abandonment. Ibid. (3) A man may not have two homesteads at once. Thompson on Homesteads (1 Ed.) sec. 579; BberhartV Appeal, 39 Pa.

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Appeal from Qreene Circuit Court. — Hon. W. P. G-eigee, Judge. (1) A.n estate by the curtesy, or a marital estate for joint lives, will support a homestead. Thompson on Homesteads (1 Ed.) 174. (2) When a homestead is-abandoned judgment liens attach. Thompson on Homesteads (1 Ed.) sec. 263, et seq. Sale is abandonment. Ibid. (3) A man may not have two homesteads at once. Thompson on Homesteads (1 Ed.) sec. 579; BberhartV Appeal, 39 Pa. St. 509. (4) A judgment is a dormant-lien which becomes effective whenever the owner of a homestead alienates within three years after rendition. Matón v. My…

1Opinion of the CourtNorton, J.

— This is an ejectment suit to recover the possession of certain lands in Greene county, described *61in the petition. On the trial, defendant recovered judgment, from which the plaintiff has appealed. The evidence in the case shows that J. O. Franklin was the-common source of title, and occupied the land as a homestead, from 1863, till he sold it to defendant, in September, 1879; that on the twelfth of May, 1879, judgment was rendered in the Greene county circuit court in favor of C. B. Holland et al. v. J. C. Franklin et al. ; that on the-twenty-seventh of September, 1879, J. C. Franklin and…

2Cases cited1 opinion

  1. Beckmann v. MeyerSupreme Court of Missouri · 1882

3Cited by5 opinions

  1. Macke v. ByrdSupreme Court of Missouri · 1895
  2. Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
  3. Grimes v. PortmanSupreme Court of Missouri · 1889
  4. Rodgers v. First National BankMissouri Court of Appeals · 1900
  5. Bartels v. KinnengerSupreme Court of Missouri · 1898

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