Keene v. Wyatt
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, ¿Judge. (1) The homestead is not subject to sale in any event during its continuance; neither the particular or general estate during the life of the particular estate.
Read the full summary
Appeal from Mississippi Circuit Court. — Hon. Henry C. Riley, ¿Judge. (1) The homestead is not subject to sale in any event during its continuance; neither the particular or general estate during the life of the particular estate. R. S. 1879, sec. 2693; Broyles v. Cox, 54 S. W. 488; In re Powell’s Estate, 57 S. W. 717; Bank v. Guthrey, 127 Mo. 196. (2) Under section 2693, Revised Statutes 1879 (in force when Barker died), the homestead passed to the widow and minor children and the general estate after its expiration to the heirs. R. S. 1879, sec. 2693. (3) It was therefore beyond the…
1Dissent
Dissisnting Opinion.
MARSHALL, J.
There is no conflict between -the decision rendered in this case by Division Number Two, and the cases of Broyles v. Cox, 153 Mo. 242, and In re Powell’s Estate, 157 Mo. 151. In this case the ancestor died *10in 1887, while in both of said other eases the ancestor died after the passage of the Act of 1895, which struck out the amendment of 1875 from the statute, upon the faith of which (the Act of 1875) it is claimed that the proceeding in this ease is right. No such statutory provision being in the law when the cases of Broyles and Powell arose, the reasoning…
2Cases cited62 opinions
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Bowers v. SmithSupreme Court of Missouri · 1892
- The Three FriendsSupreme Court of the United States · 1897
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Skouten v. WoodSupreme Court of Missouri · 1874
57 more not listed; retrieve them via the Exa API.