Victor v. Grimmer
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The facts as undisputed make out a prima facie case of abandonment of the homestead. The courts, as a rule have been liberal in the protection of homestead rights but at the same time have been consistent and have held uniformly that in order to entitle any property to that protection thrown around homesteads, it must in fact and actually be used for homestead purposes. Rental is not such a purpose.
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The facts as undisputed make out a prima facie case of abandonment of the homestead. The courts, as a rule have been liberal in the protection of homestead rights but at the same time have been consistent and have held uniformly that in order to entitle any property to that protection thrown around homesteads, it must in fact and actually be used for homestead purposes. Rental is not such a purpose. The following cases are in point: Kaes v. Gross, 92 Mo. 655; Slende v. Behons, 6 Mo. App., 309; Thomp. on Homesteads, secs.…
1Opinion of the Court
BROADDUS, P. J. —
This is an appeal from the judgment of the circuit court in overruling a motion to quash the return of the officer on an execution setting aside the property levied on as exempt because it was the homestead of one of the defendants.
The judgment bears date April 13, 1901, and was rendered in favor of the plaintiff and against the defendants. In October following, an execution was issued under the judgment and levy made by the officer on the lot claimed by defendant Heath as a homestead. The sheriff set off the property to defendant Heath as his homestead. In December, 1904,…
2Cases cited9 opinions
- Kaes v. GrossSupreme Court of Missouri · 1887
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Duffey v. WillisSupreme Court of Missouri · 1889
- Smith v. BunnSupreme Court of Missouri · 1882
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re TurnerUnited States Bankruptcy Court, W.D. Missouri · 1984
- Snodgrass v. CoppleMissouri Court of Appeals · 1908
- In Re MaloneyUnited States Bankruptcy Court, W.D. Missouri · 2004
- In re SeeleyUnited States Bankruptcy Court, W.D. Missouri · 2006
- First National Bank v. WoelzMissouri Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.