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...
|Country of origin:
Missouri Courts of Appeals
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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