Graham v. Lee

• Decision Date: 30 April 1879
• Citation: 69 Mo. 334
• Parties: GRAHAM v. LEE et al., Plaintiffs in Error.
• Court: Missouri Supreme Court

69 Mo. 334

GRAHAM

v.LEE et al., Plaintiffs in Error.

Supreme Court of Missouri.

April Term, 1879.

Error to Daviess Circuit Court.--HON. E. J. BROADDUS, Judge.

John Conover for plaintiffs in error.

Shanklin, Low & McDougal and J. F. Hicklin for defendants in error.

NAPTON, J.

We doubt if the record in this case presents the point actually decided by the court below, the decision of which is sought to be reversed.That, however, is a mere matter of conjecture, and we must, of course, be governed by the record.Upon the overruling of a motion by the defendant Coen, to quash an execution levied on his land, and subsequently a second motion to set aside the sale made under it, both on the ground that it was his homestead, the following was the agreed statement of facts submitted with the motions:

There is a deed in the recorder's office from defendantThomas Coen, to his son-in-law, Thomas Lawrence, under date of 12th day of April, 1873, purporting to convey the real estate levied on; afterwards, defendants were sued by attachment by plaintiffs; no plea in abatement was put in.Thomas Coen, by way of defense, denied the execution of the note sued on under oath; Lee made no defense.Judgment was rendered against the defendants, upon which the execution is issued.Coen has occupied the land for the last eight or ten years; and had a deed for it on record prior to the time the debt sued for was contracted; the ground alleged in plaintiff's affidavit is, that defendant...