165 Mo. 191 | Mo. | 1901
This is a proceeding by plaintiffs, as execution creditors of the defendant W. H. Fraley, to have declared fraudulent and void as against them, a certain deed, conveying the property therein named to Susan M. Fraley, the wife of, and co-defendant with, said W. H. Fraley, and that the same be ordered sold for the satisfaction of their judgment and execution against said W. H. Fraley. To the petition filed, defendants answered denying the allegations thereof, and ■set up that the land was exempt from execution under the homestead'laws of this State. It is upon the question alone •of defendants’ rights under the statutes concerning homesteads that this appeal is prosecuted. The facts, that were undisputed at the trial, are that the defendant, W. H. Fraley, purchased the lots in controversy on September 22, 1888, of one George W. Nettleton, taking a written contract for a deed on payment of $105, the purchase price thereof; that shortly
As said, there were no controverted facts developed in the trial of the cause, and defendants appellant, by this appeal, seek to reverse the judgment of the trial court in favor of plaintiffs upon the sole proposition, that the property in suit, as the homestead of the defendant, W. H. Eraley, was not subject to be sold in satisfaction of plaintiffs’ execution. Counsel for appellants seek to show that the letter of the homestead act should'be made to yield to what he designates its manifest purpose, by a process of reasoning to the effect that, whereas
This court, whenever called upon to consider the statute,