Ailey v. Burnett
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Where, as here, a homestead has been acquired, it is not lost by abandonment, by a temporary absence for purposes of business, health, or recreation.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Where, as here, a homestead has been acquired, it is not lost by abandonment, by a temporary absence for purposes of business, health, or recreation. Duffy v. Willis, 99 Mo. 132; Leake v. King, 85 Mo. 413; Kaes v. 'Gross, 92 Mo. 647; Hobson v. Rough, 20 S. W. Rep. 523; Painter v. Steffen, 54 S. W. Rep. 229: Hines v. Nelson, 24 S. W. Rep. 541; Edwards v. Reid, 58 N. W. Rep. 202; JCaeding v. Joachinsthal, 56 N. W. Rep. 1101. (2) The plaintiff, being a remainder man, no act upon the part of Mrs. Burnett could affect or destroy…
1Opinion of the CourtBabclay, J.
This is a suit in equity. The chief plaintiff-is Mrs. Rachel Ailey, a married woman, whose husband joins her in the case. She is the daughter of Mr. Harrison Benton, deceased. There are a number of defendants, the leading one being Mrs. Luvenia Burnett, formerly widow of said Benton, now the wife of Mr. Burnett. '
We pass the pleadings and state the substance of the controversy.
Waiving some slight discrepancies as to dates, there is no dispute as to the facts that govern the result.
Harrison Benton was a colored minister of the gospel in Kansas City, where he acquired a small piece of land in…
2Cited by6 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- Hobson v. ElmerSupreme Court of Missouri · 1942
- Edwards Land Timber Company v. RichardsSupreme Court of Missouri · 1942
- Veney v. FurthMissouri Court of Appeals · 1913
- Woodard v. CooneyMissouri Court of Appeals · 1905
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