84 Mo. 349 | Mo. | 1884
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
No doubt is entertained from these facts, that under the statute, whatever original homestead rights Dale possessed in the Piedmont property, were transferred by the successive exchanges to the farm last acquired by Dale. The fact that he sold off a portion of that farm does not •affect his right of homestead in the remainder, the dwelling house in which he and family resided being situate thereon.
The circuit court, therefore, ruled correctly in refusing to quash that portion of the sheriff’s return which set off to Dale a homestead of one hundred and sixty acres in the remaining land, and its judgment is affirmed.