Lallement v. Detert
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Upon the evidence the plaintiff failed to show title as against the defendant and the court should have given the instruction asked by defendant.
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Appeal from 81. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Upon the evidence the plaintiff failed to show title as against the defendant and the court should have given the instruction asked by defendant. (2) The introduction of the appraisers’ report and the sheriff ’ s deed in evidence was error, because the appraisers’ report did not show affirmatively that they had either assigned the execution debtor eighteen square rods or a homestead of the value of three thousand dollars. Ejectment or judgment in ejectment cannot be had until homestead has been assigned. Crisp v.…
1Opinion of the Court
Black, 3.
This is an action of ejectment for a parcel of land in the city of St. Louis. The question in the case relates to the validity of an assignment of a homestead. The plaintiff claims title by virtue of a sheriff’s deed, which is based on an execution issued upon a judgment in favor of Dominick and Joseph Lallement against Francis Poupeney for $1,695.86. The sheriff levied upon a parcel of land, of which the parcel in suit is a part only. The appraisers, appointed by the sheriff to set off a homestead, made report in which they say, after reciting the execution and giving a description…
2Cited by3 opinions
- Meyer v. NickersonSupreme Court of Missouri · 1890
- Childers v. PickenpaughSupreme Court of Missouri · 1909
- Martin v. MartinSupreme Court of Missouri · 1926