Macke v. Byrd
Supreme Court of Missouri
Error to Cape Girardeau Circuit Court. — Hon. H. C. O'Bryan, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Plaintiff claims to have, and seeks by this suit to enforce, a lien against the Eanney homestead, now owned by Mrs. Byrd. It should appear by the allegations of the petition that such lien exists and the failure to so allege is fatal to plaintiff’s right to recover. Fay v. Aclcims, 8 Mo. App. 566; Thrush v. Cameron, 21 Mo.
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Error to Cape Girardeau Circuit Court. — Hon. H. C. O'Bryan, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Plaintiff claims to have, and seeks by this suit to enforce, a lien against the Eanney homestead, now owned by Mrs. Byrd. It should appear by the allegations of the petition that such lien exists and the failure to so allege is fatal to plaintiff’s right to recover. Fay v. Aclcims, 8 Mo. App. 566; Thrush v. Cameron, 21 Mo. App. 394; Pier v. Heinrichoffen, 52 Mo. 333; Scott v. Robarás, 67 Mo. 289. The petition states that plaintiff obtained…
1Opinion of the CourtBarclay, J.
This is a suit to charge certain real property, in Cape Girardeau county, with the lien of a judgment, and to have part of the land, in excess of the homestead value, set apart and subjected to sale to satisfy the lien, although the land is owned by other parties than the judgment debtor.
On the other side, it is claimed that the property *686is free from the judgment lien, by virtue of the homestead law.
The facts that control the result were admitted by the pleadings or at the trial.
Mr. Ranney was in possession in May, 1876, when the tract in question (consisting of nearly 105 acres) was set…
2Cases cited15 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Skouten v. WoodSupreme Court of Missouri · 1874
- Biffle v. PullamSupreme Court of Missouri · 1893
- Bank of Versailles v. GuthreySupreme Court of Missouri · 1895
- Beckmann v. MeyerSupreme Court of Missouri · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Finerty v. First Nat. Bank of DuncanSupreme Court of Oklahoma · 1923
- Keene v. WyattSupreme Court of Missouri · 1901
- Guinan v. DonnellSupreme Court of Missouri · 1907
34 more not listed; retrieve them via the Exa API.