Gladney v. Berkley
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. There was no evidence tending to show that the husband had abandoned the wife so as to give her the right to claim a homestead under the provisions of section 5435, Revised Statutes 1889. But even if the husband had abandoned her, she could have homestead only in the manner pointed out by that section of the statute by filing her claim, etc, G-rear v. Majors, 114 Mo. 145; Kennedy v. Broyles, 55 Mo.
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Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. There was no evidence tending to show that the husband had abandoned the wife so as to give her the right to claim a homestead under the provisions of section 5435, Revised Statutes 1889. But even if the husband had abandoned her, she could have homestead only in the manner pointed out by that section of the statute by filing her claim, etc, G-rear v. Majors, 114 Mo. 145; Kennedy v. Broyles, 55 Mo. App. 257; Shores v. Shores, 34 Mo. App. 208. Under no other section of the statute than 5435 is /there any statutory recognition…
1Opinion of the Court
Biggs, J. —
The plaintiffs, Samuel Gladney and Jane Kemper, each obtained a judgment against William Berkley and Nancy J. Berkley, his wife. Executions were issued on both judgments, and levies were made upon a farm which was advertised for sale. The farm was acquired and held by Berkley and wife as tenants in common, he owning an undivided one third, and she the remainder. They- acquired the *101property and occupied it as a homestead prior to the contracting of plaintiffs’ debts. About one year before the executions were issued, Berkley abandoned his wife. She and her minor child were left in…
2Cases cited1 opinion
- Adams v. BealeSupreme Court of Iowa · 1865
3Cited by3 opinions
- White v. SmithMissouri Court of Appeals · 1904
- In re SoperUnited States Bankruptcy Court, W.D. Missouri · 2001
- Metz v. SchneiderMissouri Court of Appeals · 1906