Goode v. Lewis
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The courts of this state regard the “intention” •of the owner of a homestead when determining whether a homestead has been abandoned. Buffey v. Willis, 99 Mo. 132, and cases cited. (2) Actual, physical occupancy as a home of the premises, claimed as a homestead by the party claiming the homestead, is not in all cases necessary.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The courts of this state regard the “intention” •of the owner of a homestead when determining whether a homestead has been abandoned. Buffey v. Willis, 99 Mo. 132, and cases cited. (2) Actual, physical occupancy as a home of the premises, claimed as a homestead by the party claiming the homestead, is not in all cases necessary. BusJce v. BusJce, 51 Mich. 541; Blwn v. Garter, 63 Ala. 240. (3) The possession of' plaintiff in error, at the request of his father, coupled with the intention of Joshua Lewis to move onto and occupy…
1Opinion of the CourtBlack, P. J.
— This was a suit between the heirs of Joshua Lewis for the partition of real estate. He died leaving a wife, three children by the first and six by the second marriage. The defendant, Henry W. Lewis, the sole appellant, is one of the children of the last marriage. He insists that the property in question was the homestead of his father, that upon the death of his father the title passed to his mother, and at her death to her children, to the exclusion of the children of the first marriage. On the other hand the plaintiffs insist that the question whether the property was the homestead of…
2Cases cited2 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Creath v. DaleSupreme Court of Missouri · 1884
3Cited by12 opinions
- Lee's Summit Building & Loan Ass'n v. CrossSupreme Court of Missouri · 1939
- Keeline v. SealySupreme Court of Missouri · 1914
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
- Keith v. KeithMissouri Court of Appeals · 1980
- Rose v. SmithSupreme Court of Missouri · 1902
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