Missouri Appeal Reports Volume 82

Missouri Appeal Reports Volume 82

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... as soon as the right of the homstead ceases, whether by separation of the family, abandonment or by alienation. Moon v. Granger, 40 Ark. 574; Smith v. Brockett, 36 Barb. 571; Whitworth v. Lyons, 39 Miss. 467; Bank v. Carson, 5 Neb. 47; Eberh-arts Appeal, 39 Pa. St 509. _ The cases in this state are to be assigned to the first class. Beckmann v. Meyer, 75 Mo. 333; Holland v. Kreider, 86 Mo. 59. If the said lands were covered-by the homestead exemption of the said J. M. Rogers the judgment was not ca lien thereon; but whether or not-they were so covered was not disclosed by-the record. If a fact, i't could only be established by extrinsic parol evidence. The defenda'nt's contention here is ithat, even admitting the facts to be as we have stated-them, still a court of equity is without jurisdiction to afford the protection prayed for in the petition of plaintiff. Some of the elemenltary 'books on equity jurisprudence, and, as well, some of the-adjudged Rogers v. Bank. cases, state the rule to be, that-a court of equity will set aside.a deed, agreement or proceeding affecting real estate, where extrinsic evidence is necessary to show its invalidity, because such instrument or proceeding may be used for annoying and injurious purposes at a time when the evidence to contest or resist it may not be as effectual as if used at once. Still, if the defect appears upon its face, and a resort to extrinsic evidence is unnecessary, the reason for equitable interference does not exist, for it can not be said that any cloud is cast upon the title. Pomeroy's Eq. Jurisp., sec. 13999, and cases cited in note 2; Story's Eq. Jurisp., sec. 700. In Clark v. Ins. Co., 52 Mo. 272, it was said: "The settled rule is, that when the...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236962621
  • 9781236962621