Blandy v. Asher
Supreme Court of Missouri
Appeal from Gentry- Circuit Court. — Hon. S. A. Richardson, Judge. Ejectment. Plaintiffs claimed through a sale under execution against Lewis Asher. The defendant, who was formerly the wife of said Lewis, but had obtained a divorce from him, claimed under the homestead act.
1Dissent
Hough, J.,
Dissenting. — In Illinois, and perhaps elsewhere, it is provided by statute that the court which grants a divorce shall dispose of the homestead estate according to the equities of the case. Acts of Ill. 1871-2, p. 478, § 6. No court in this State is invested with any such authority. Our homestead act provides for the wife, and continues in her, in the event she should become a widow? the right so acquired and held by her as wife. But it makes no provision whatever for women who have been divorced. Brown v. Brown, 68 Mo. 396. It is said, however, in the opinion of the majority, that…
2Cases cited2 opinions
- City of Springfield v. SchmookSupreme Court of Missouri · 1878
- Dobson's Administrator v. Butler's AdministratorSupreme Court of Missouri · 1852