Barton v. Walker
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) ■ The head of a family can have only one homestead exempt at a time, and the homestead owned and used as such at the time the debt accrues is the one exempt. Stanley v. Raker, 15 Mo. 60; Goodall v. Boardman, 53 Vt. 92. In the case at bar, the respondent owned and lived on a homestead in Mt. View, Howell county, at the time the debt was contracted and at the time suit was brought thereon.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) ■ The head of a family can have only one homestead exempt at a time, and the homestead owned and used as such at the time the debt accrues is the one exempt. Stanley v. Raker, 15 Mo. 60; Goodall v. Boardman, 53 Vt. 92. In the case at bar, the respondent owned and lived on a homestead in Mt. View, Howell county, at the time the debt was contracted and at the time suit was brought thereon. This homestead was exempt from levy in satisfaction of appellant’s debt. Respondent subsequently sold it and moved on to the farm, then for…
1Opinion of the CourtValliant, J.
Ejectment for land in Texas county. Plaintiff claims under sheriff’s deed conveying the land sold under execution on judgment in favor of Barton Brothers against defendant. Defendant claims that the land was his homestead and exempt for execution.
*27The facts are as follows: The debt on which the judgment was founded was 'contracted in 1894. At that time defendant resided with his family in Mountain View, Howell county, in a dwelling owned by himself, and was engaged there in mercantile business. At the same time he owned the farm in suit in Texas county and a farm in Howell county. His deeds to…
2Cases cited6 opinions
- Shindler v. GivensSupreme Court of Missouri · 1876
- State v. RobertsSupreme Court of Missouri · 1851
- State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
- Meyer v. NickersonSupreme Court of Missouri · 1890
- Payne v. FraleySupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sperry v. CookSupreme Court of Missouri · 1912
- Palmer v. OmerSupreme Court of Missouri · 1927
- Crary v. Standard Investment Co.Supreme Court of Missouri · 1926
- Crouch v. HoltermanSupreme Court of Missouri · 1917
- Kennedy's Administrator v. DuncanMissouri Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.