White v. Spencer
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — How. Henry M. Ramey, Judge. (1) The fact that the judgment debtor separated by calculation the land described in the petition from the land retained as his homestead, and deeded that portion not retained to defendant, constituted an abandonment of the homestead in the portion conveyed away, and, the cover of the homestead having been removed, plaintiff’s judgment lien attached.
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Appeal from Buchanan Circuit Court. — How. Henry M. Ramey, Judge. (1) The fact that the judgment debtor separated by calculation the land described in the petition from the land retained as his homestead, and deeded that portion not retained to defendant, constituted an abandonment of the homestead in the portion conveyed away, and, the cover of the homestead having been removed, plaintiff’s judgment lien attached. Smith v. Thompson, 169 Mo. 553; Osborn & Co. v. Evans, 185 Mo. 509; Kaes v. Cross, 92 Mo. 647; O ’Brien v. Woeltz, 94 Tex. 148. Abandonment is a question of fact, and each case…
1Opinion of the Court
IN BANC.
2Per curiam
Upon a consideration of this case by the Court in Banc, the opinion in Division was slightly modified in language, and adopted as the opinion of the Court in Banc,
all the judges concurring therein.
IN DIVISION ONE.
CRAVES, J.
The facts pleaded and proven in this case can be stated in small compass, which when considered leaves but one sharp issue of law. William E. Cibson was the owner of the west ten feet of Lot 32, and all of Lots 33 and 34, in Block 6 in Carbry’s Addition to the city of St. Joseph, Missouri, which tract made a parallelogram sixty by one hundred and forty feet. The…
3Cases cited1 opinion
- Macke v. ByrdSupreme Court of Missouri · 1895
4Cited by13 opinions
- Union Oil Co. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Mahalko v. Arctic Trading Co.Washington Supreme Court · 1983
- Falvey v. HicksSupreme Court of Missouri · 1926
- Karsznia v. KelseySupreme Court of Missouri · 1953
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