Gorman v. Hale

Decision Date07 November 1904
Citation82 S.W. 1110,109 Mo. App. 176
PartiesGORMAN et al. v. HALE.
CourtMissouri Court of Appeals

Appeal from Circuit Court, Schuyler County; Nat M. Shelton, Judge.

Claim for homestead and an allowance of rents by T. J. Gorman and others against Thomas B. Hale, as administrator of one Ratchford. From a judgment of the circuit court affirming a judgment of the probate court allowing the claim of plaintiffs, defendant appeals. Affirmed.

C. C. Fogle and John D. Smoot, for appellant. Higgee & Mills, for respondents.

ELLISON, J.

James and Patrick Gorman, brothers, owned each an undivided half of 63 acres of land in Schuyler county, upon which they resided together. James married, and three children, the present plaintiffs, were born. Patrick continued his joint occupancy. James afterwards died, and the widow bought Patrick's undivided interest. She afterwards sold all her right, title, and interest in the land to defendant Ratchford and one Probasco, and the latter afterwards sold his interest to Ratchford; leaving the latter the full owner of the widow's interest in the whole tract. The widow afterwards married and left the premises, taking with her the plaintiffs, who were all three then minors — the youngest yet a minor when this action was begun. Ratchford took possession of the land after the widow left, and remained till his death. These plaintiffs then presented the present claim in the probate court as their action against defendant as administrator; they claiming a right of homestead, and asking the allowance for each for the rents of the land up to the time the adults reached majority, and for the minor. The probate court allowed the claim, and so did the circuit court on appeal.

We find that the circuit court, in sustaining the claim of plaintiffs, is supported by the ruling of the Supreme...

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6 cases
  • Ahmann v. Kemper
    • United States
    • Missouri Supreme Court
    • August 17, 1938
    ... ... of her husband, E. J. Summers. Secs. 608, 2998, R. S. 1929; ... Clark v. Thais, 173 Mo. 628; Gorman v ... Hale, 109 Mo.App. 176; Morrow v. Zane, 185 ... Mo.App. 111, 170 S.W. 918; Kendall v. Powers, 96 Mo ... 142; Rouse v. Caton, 168 Mo. 296; ... ...
  • Ahmann v. Kemper, 35223.
    • United States
    • Missouri Supreme Court
    • August 17, 1938
    ... ... Summers. Secs. 608, 2998, R.S. 1929; Clark v. Thais, 173 Mo. 628; Gorman v. Hale, 109 Mo. App. 176; Morrow v. Zane, 185 Mo. App. 111, 170 S.W. 918; Kendall v. Powers, 96 Mo. 142; Rouse v. Caton, 168 Mo. 296; Peake v ... ...
  • In re Abernathy
    • United States
    • Bankruptcy Appellate Panels. U.S. Bankruptcy Appellate Panel, Eighth Circuit
    • March 8, 2001
    ...1997) ("If the property is owned by more than one owner, a single owner can claim the entire amount."); Gorman v. Hale, 109 Mo.App. 176, 82 S.W. 1110, 1111 (1904) (holding that a homestead may be claimed in lands held in joint tenancy). The only limit to this is that if more than one owner ......
  • Ramsey v. City of Poplar Bluff
    • United States
    • Missouri Court of Appeals
    • July 17, 1926
    ...This has been so clearly and pointedly decided in these cases that a further discussion of the case is unnecessary." In Gorman v. Hale, 109 Mo. App. 176, 82 S. W. 1110, the Kansas City Court of Appeals, citing the above authorities, affirmed a judgment of the circuit court, which was an aff......
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