Stanley v. Baker
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. The 160 acres was not Baker’s homestead in 1873, when plaintiff- took his note. It did not become his homestead till 1876. He cannot, therefore, claim it as exempt from plaintiff’s debt. Wag. Stat., pp. 697, 698, §§ 1,7; Ereeman Executions, § 241; Herman Executions, 125 ; 1 Am.
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Appeal from Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. The 160 acres was not Baker’s homestead in 1873, when plaintiff- took his note. It did not become his homestead till 1876. He cannot, therefore, claim it as exempt from plaintiff’s debt. Wag. Stat., pp. 697, 698, §§ 1,7; Ereeman Executions, § 241; Herman Executions, 125 ; 1 Am. L. R., (N. S.) 649, 650, 651, note 1; Thompson Homesteads, §§ 240, 244,246. His intention to make it his home in the future coupled with improvements will not avail him. Hansford v. Holden, 14 Bush 210; s. c., 7 Reporter 177. He is not entitled under…
1Opinion of the CourtIIenrx, J.
The question to be determined is, whether. John Baker, on the following facts, is entitled to a homestead in a tract of land in Schuyler county, exempt from execution on a judgment in favor of appellant against said Baker and others. The agreed facts are as follows:
From 1866 to 1876 Baker was the owner in fee of several lots in the town of Lancaster, Schuyler county, upon which his dwelling house was situated, in which he resided with his family during that period. His deed to that-property was filed for record April 28th, 1866. In 1869 he purchased 210 acres of land, in Schuyler county, near…
2Cases cited1 opinion
- Farra v. QuiglySupreme Court of Missouri · 1874
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- Finnegan v. PrindevilleSupreme Court of Missouri · 1884
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