Casler v. Gray
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The curtesy of John H. Casler was in the equity of redemption held by his wife, Martha Casler. The sum of •money that the land, brought when sold, above the debt secured by deed of trust, was the equity of redemption, and in that John H. Casler had his curtesy, and not in the land paid for by defendant. Bobinson v. Lakenan, 28 Mo.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The curtesy of John H. Casler was in the equity of redemption held by his wife, Martha Casler. The sum of •money that the land, brought when sold, above the debt secured by deed of trust, was the equity of redemption, and in that John H. Casler had his curtesy, and not in the land paid for by defendant. Bobinson v. Lakenan, 28 Mo. App. 135; Khmer v. Walsh, 44 Mo. 65; Bogart v. Bogart, 138 Mo. 419. (2) The statute only gives a homestead in succession when it is owned by the husband and not by the wife. John H. Casler had…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of the northeast quarter of section nineteen, and also three and one-half acres off of the east side of the northeast quarter of section twenty-four, in township fifty-seven, of range twenty-four, in Livingston county.
The petition is in the usual form and the answer a general denial. The case was tried by the court sitting as a jury, who rendered judgment in favor of plaintiff for the possession of the land, and $137.50 damages. Defendant appeals.
The ease was submitted in the court below upon the following agreed state of facts:
“It is admitted…
2Cases cited9 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Keene v. WyattSupreme Court of Missouri · 1901
- Bray v. MarshallSupreme Court of Missouri · 1882
- Price v. HallettSupreme Court of Missouri · 1897
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
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3Cited by4 opinions
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