Blattel v. Stallings
| Decision Date | 03 July 1940 |
| Docket Number | 36347 |
| Citation | 142 S.W.2d 9,346 Mo. 450 |
| Parties | Ollie Blattel, Gussie Slack Williams and Noah Roberts v. Henry Stallings, Bessie Stallings, Marcellus Stallings and Anna Stallings, Appellants |
| Court | Missouri Supreme Court |
[Copyrighted Material Omitted] [Copyrighted Material Omitted]
Reported at 346 Mo. 450 at 458.
Original Opinion of July 3, 1940, Reported at 346 Mo. 450.
In appellants' motion for rehearing our attention has been directed to the fact that the judgment which we affirmed provided for a sale of the land subject only to a deed of trust of $ 6,000 in favor of the Metropolitan Life Insurance Company and not subject to the homestead. Appellants claim that they are entitled in any event to the homestead rights existing in the property as held by their grantors. The question was preserved for review. It was not referred to in the opinion. Appellants are correct in their contention. [See Farmers' Bank v. Handly, 320 Mo. 754, 9 S.W.2d 880, l. c. 896 (15); Brennecke v. Riemann, 102 S.W.2d 874, l. c. 877 (5, 6).]
Our opinion is therefore modified, and the trial court is hereby directed to modify its judgment so as to provide, in case of a sale of the land, that it be sold subject to the homestead as well as the deed of trust mentioned in the judgment of the trial court.
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Blattel v. Stallings
...Marcellus Stallings and Anna Stallings, Appellants No. 36347Supreme Court of MissouriJuly 3, 1940 Rehearing Granted, Reported at 346 Mo. 450 at 458. filed at September Term, 1939, May 4, 1940; motion for rehearing filed; motion overruled at May Term, 1940, July 3, 1940. J. M. Haw and James ......