Legal Opinion

Payne v. Fraley

Supreme Court of Missouri

Decided November 19, 1901PublishedCited by 6 opinions

Appeal from Oregon. Circuit Court. — Hon. W. N. Evans, Judge. (1) Conceding, for the sake of this case, that the deed to Susan M. Fraley was fraudulent, it in nowise impaired any homestead rights. Vogler v. Montgomery, 54 Mo. 577; Kendall v. Powers, 96 Mo. 142; Holland v. Kinder, 86 Mo. 59; Davis v. Land, 88 Mo. 436; Bank v. Guthrey, 127 Mo. 189. (2) The decisions in this State on the homestead law, are, in the main, confusing and conflicting.

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Appeal from Oregon. Circuit Court. — Hon. W. N. Evans, Judge. (1) Conceding, for the sake of this case, that the deed to Susan M. Fraley was fraudulent, it in nowise impaired any homestead rights. Vogler v. Montgomery, 54 Mo. 577; Kendall v. Powers, 96 Mo. 142; Holland v. Kinder, 86 Mo. 59; Davis v. Land, 88 Mo. 436; Bank v. Guthrey, 127 Mo. 189. (2) The decisions in this State on the homestead law, are, in the main, confusing and conflicting. But few, if any,«cases have given this law or any of its features, a definite, fair and full construction; and the case at bar being one that appeals…

1Opinion of the CourtRobinson, J.

This is a proceeding by plaintiffs, as execution creditors of the defendant W. H. Fraley, to have declared fraudulent and void as against them, a certain deed, conveying the property therein named to Susan M. Fraley, the wife of, and co-defendant with, said W. H. Fraley, and that the same be ordered sold for the satisfaction of their judgment and execution against said W. H. Fraley. To the petition filed, defendants answered denying the allegations thereof, and ■set up that the land was exempt from execution under the homestead'laws of this State. It is upon the question alone •of defendants’…

2Cited by6 opinions

  1. Ferneau v. Armour and CompanyMissouri Court of Appeals · 1957
  2. Ward v. StateSupreme Court of Florida · 1918
  3. Barton v. WalkerSupreme Court of Missouri · 1901
  4. Irondale Bank v. TerrillMissouri Court of Appeals · 1909
  5. Ferm v. CrenshawMissouri Court of Appeals · 1971

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