Legal Opinion

Murdock v. Dalby

Missouri Court of Appeals

Decided November 28, 1882PublishedCited by 4 opinions

Appeal from the St. Charles Circuit Court, Edwards, J. A homestead interest under the statute is a fee simple. A larger estate cannot be carved out of a smaller. The respondent had only a life estate. — Rev. Stats., sect. 2693 ; Skouten v. Wood, 57 Mo. 380 ; Jackson v. Bowles, 67 Mo. 609 ; Poland v. Vesper, 67 Mo. 627. The homestead interest — if any can exist in a dower interest — can vest only after the dower was set apart.

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Appeal from the St. Charles Circuit Court, Edwards, J. A homestead interest under the statute is a fee simple. A larger estate cannot be carved out of a smaller. The respondent had only a life estate. — Rev. Stats., sect. 2693 ; Skouten v. Wood, 57 Mo. 380 ; Jackson v. Bowles, 67 Mo. 609 ; Poland v. Vesper, 67 Mo. 627. The homestead interest — if any can exist in a dower interest — can vest only after the dower was set apart. Such homestead right, therefore, if any existed, was subject to sale under execution by the express provisions of the' Homestead Act.— Rev. Stats., sect. 2695; Farran v.…

1Opinion of the CourtThompsoN, J.

This is an action of ejectment upon a sheriff's deed. The case was tried by the court without a jury, and judgment was rendered for the defendant. No exceptions were taken to the admission or exclusion of evidence, and no declarations of law were asked for or given. The substantial question for us to consider, therefore, is, whether the judgment was one which could properly be given under the pleadings and the evidence. McEvoy v. Lane, 9 Mo. 48. As there was no substantial conflict in the evidence, we have no difficulty in determining whether the judgment which was rendered was the judgment…

2Cases cited5 opinions

  1. Skouten v. WoodSupreme Court of Missouri · 1874
  2. Wade v. JonesSupreme Court of Missouri · 1854
  3. Deere v. ChapmanIllinois Supreme Court · 1861
  4. Calhoun v. McLendonSupreme Court of Georgia · 1871
  5. Von Phul v. City of St. LouisSupreme Court of Missouri · 1845

3Cited by4 opinions

  1. Elliot v. ThomasMissouri Court of Appeals · 1912
  2. State ex rel. Smythe v. KaneMissouri Court of Appeals · 1890
  3. Grand Lodge Ancient Order of United Workmen v. RossMissouri Court of Appeals · 1901
  4. Spengler v. Kaufman & WilkinsonMissouri Court of Appeals · 1890

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