Rose v. Smith
Supreme Court of Missouri
Appeal from Ralls Circuit Court. — Hon. D. H. Bby, Judge. (1) No disposition a debtor may make of a homestead or other exempt property can be fraudulent as to creditors. It is no concern of creditors what he does with the exempt property. The creditor has no claim thereon and a general judgment constitutes no lien thereon, and a sale of the same conveys a good title free from the claims of the grantor’s creditors whether reduced to judgment or not.
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Appeal from Ralls Circuit Court. — Hon. D. H. Bby, Judge. (1) No disposition a debtor may make of a homestead or other exempt property can be fraudulent as to creditors. It is no concern of creditors what he does with the exempt property. The creditor has no claim thereon and a general judgment constitutes no lien thereon, and a sale of the same conveys a good title free from the claims of the grantor’s creditors whether reduced to judgment or not. Yogler v. Montgomery, 54 Mo. 577; State v. Diveling, 66 Mo. 375; Davis v. Land, 88 Mo. 436; Holland v. Kreider, 86 Mo. 59; Kendall v. Powers, 96…
1Opinion of the Court
MARSHALL, L
In 1892, E. 0. Smith and wife owned four-sevenths interest in two hundred and five acres of land in Pike county. The wife owned one-seventh by inheritance, and the husband three-sevenths by purchase. The value of their interest was $1,500. It was the homestead of the family. Smith and wife mortgaged the homestead to the plaintiff for $1,500. Then Smith purchased a livery stable and a house in the town of Center, Ralls county. The house was worth $600 to $1,000, and .stood upon a lot 252 feet by 90 feet. The contract for the livery stable and the house was an entirety, and five…
2Cases cited6 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Goode v. LewisSupreme Court of Missouri · 1893
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
- Creech v. ChildersSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers Bank v. HandlySupreme Court of Missouri · 1928
- Stam v. SmithSupreme Court of Missouri · 1904
- Smith v. Fourth Street BankCourt of Appeals of Kentucky · 1917
- Harris v. MeredithMissouri Court of Appeals · 1904
- In Re MyersDistrict Court, W.D. Missouri · 1973