Legal Opinion

Stinde v. Behrens

Missouri Court of Appeals

Decided December 10, 1878Published

Laws of exemption and homestead have no extra-territorial force, and proceeds of property exempt from execution in another State are not on that account protected from execution when found in this State. —Boy-kin v. Edwards, 21 Ala. 261. When property is sold with intent to leave the State, the proceeds are not protected by the statute.

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Laws of exemption and homestead have no extra-territorial force, and proceeds of property exempt from execution in another State are not on that account protected from execution when found in this State. —Boy-kin v. Edwards, 21 Ala. 261. When property is sold with intent to leave the State, the proceeds are not protected by the statute. The intend to leave the State withdraws therefrom the protection of the statute. — The State v. Davis, 46 Mo. 108; Jordan v. Godman, 19 Texas, 275; Trawicle v. Harris, 8 Texas, 312 ; Tenney v. Sly, 44 Ind. 269 ; Orr v. Box, 22 Minn. 485. Rights of homestead…

1Opinion of the CourtHayden, J.

This is a bill to divest title to certain land out of Wilhelmina Behrens, wife of the other defendant, and vest the title in the plaintiff, on the ground that the land was conveyed in fraud of the plaintiff, a creditor of the husband. The plaintiff claims under a sheriff’s deed conveying the interest of the husband in the land. In April, 1875, the plaintiff recovered a judgment upon which the execution issued by virtue of which the property was sold. In September, 1874, the defendants, being husband and wife, were living in the State of Kansas, upon a homestead property which was in the…

2Cases cited5 opinions

  1. Jenness v. CutlerSupreme Court of Kansas · 1874
  2. Helfenstein v. CaveSupreme Court of Iowa · 1856
  3. Sparger v. CumptonSupreme Court of Georgia · 1875
  4. Anderson v. KentSupreme Court of Kansas · 1875
  5. McLaran v. MeadSupreme Court of Missouri · 1871

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