Leake v. King
Supreme Court of Missouri
Appeal from Clinton Circuit Court.—Hon. Gr. W. Dunn, Judge. (1) The defendant was the head of a family and entitled to the land as a homestead. Brown v. Brown, 68 Mo. 388. And she took the premises in fee on the death of her husband. 68 Mo. 388, and 57 Mo. 380. (2) There was no abandonment of the homestead. The latter must be Yoluntary. Moss v. Warner, 10 Cal. 296. Mere removal does not raise a presumption of abandonment.
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Appeal from Clinton Circuit Court.—Hon. Gr. W. Dunn, Judge. (1) The defendant was the head of a family and entitled to the land as a homestead. Brown v. Brown, 68 Mo. 388. And she took the premises in fee on the death of her husband. 68 Mo. 388, and 57 Mo. 380. (2) There was no abandonment of the homestead. The latter must be Yoluntary. Moss v. Warner, 10 Cal. 296. Mere removal does not raise a presumption of abandonment. Ives v. Mills, 37 111. 75; Kitchen v. Borgevin, 21 111. 40 ; ■20 Tex. 96. The debt for -which the judgment was rendered was a debt of the defendant in this suit, contracted…
1Opinion of the Court
Pee Cubiam.
This is an action of ejectment to recover possession of the southeast quarter of the northeast quarter and the northeast quarter of the southeast *415quarter o'f section eigth, township fifty-five, range thirty. The answer was a general denial.
The plaintiffs, it seems, are step-sons of the defendant. In October, 1880, they commenced a suit before a justice of the peace against the defendant on an account and recovered judgment for one hundred and two dollars; filed a transcript of the judgment in the office of the clerk of the circuit court, sued out execution therefrom and levied on…
2Cases cited5 opinions
- Taylor v. BoulwareTexas Supreme Court · 1856
- Beckmann v. MeyerSupreme Court of Missouri · 1882
- Brown v. Brown's AdministratorSupreme Court of Missouri · 1878
- Myers v. FordWisconsin Supreme Court · 1867
- Whalen v. CadmanSupreme Court of Iowa · 1860
3Cited by4 opinions
- Biffle v. PullamSupreme Court of Missouri · 1893
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Spengler v. Kaufman & WilkinsonMissouri Court of Appeals · 1890
- Holmes v. NicholsMissouri Court of Appeals · 1902