Creath v. Dale
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Host. John L. Ti-iomas, Judge. (1) Purchase money entered into the note sued on. The Creath farm was not acquired by the defendant as the £ £ direct proceeds ’ ’ of his Piedmont homestead, if any such he ever had; but it was acquired by means of the value of that property being mingled with fifteen hundred dollars worth of another man’s credit.
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Appeal from Iron Circuit Court. — Host. John L. Ti-iomas, Judge. (1) Purchase money entered into the note sued on. The Creath farm was not acquired by the defendant as the £ £ direct proceeds ’ ’ of his Piedmont homestead, if any such he ever had; but it was acquired by means of the value of that property being mingled with fifteen hundred dollars worth of another man’s credit. (2) Defendant’s deed for his alleged homestead was filed for record nearly four months after the date of the execution and delivery of the note on which judgment was recovered. R. S. of 1879, secs. 2695, 2696 ; Farra…
1Opinion of the CourtSherwood, J.
Section 2696 of the Revised Statutes provides that when another homestead is acquired by one who was possessed of a former homestead, such prior homestead shall thereupon be liable for his debts, but that the subsequently acquired homestead shall not be liable for causes of action against him to which such prior homestead would not have been liable; “ provided that such other homestead shall have been acquired with the consideration derived from the sale or other disposition *351of such prior homestead.” It is clear from the record iu this cause that Dale owned a homestead in Piedmont in 1872,…
2Cited by4 opinions
- Goode v. LewisSupreme Court of Missouri · 1893
- Keeline v. SealySupreme Court of Missouri · 1914
- New Madrid Banking Co. v. BrownSupreme Court of Missouri · 1901
- Smith v. EnosSupreme Court of Missouri · 1887