185 Mo. 533 | Mo. | 1904
This is an appeal from the Pike circuit court. The action is ejectment in statutory form. The issues involved in this case and the evidence adduced are exactly the same as those in Evelyn Sharp, to the use of Richards, appellant, v. Anna B. Stewart et al., respondents, heard and decided at this term in an opinion handed down by Judge Pox. [Ante, p. 518 of this volume.] .
The circuit court in this, as in that case, set aside the sheriff’s sale upon which plaintiff seeks to maintain this action. The controlling question involved is whether Mrs. Stewart had and has a homestead exempt from the levy on plaintiff’s debt. As all the facts are fully set forth in Sharp, to the use of Richards, v. Stewart et al., reference can be had to them.
For the reasons given by Pox, J., in the decision in the last-mentioned companion case with this, we hold that the title to the homestead in question vested in Mrs. Stewart in 1885 by virtue of a devise from her father; that the debt, to which it is sought to subject