Macke v. Byrd
| Decision Date | 28 March 1892 |
| Citation | 19 S.W. 70,109 Mo. 487 |
| Parties | MACKE v. BYRD et al. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Cape Girardeau county; H. C. O'BRYAN, Judge.
Proceeding by Charles H. Macke against Sallie H. Byrd and A. R. Byrd, her husband, to reassign a homestead. Plaintiff obtained judgment. Defendants appeal. Appeal dismissed.
R. B. Oliver and J. W. Limbaugh, for appellants. W. H. Miller and Wilson Cramer, for respondent.
This is a proceeding to reassign and admeasure a homestead, in order to subject the excess resulting from an increase of value to the payment of a judgment. Issue was joined and tried upon the right of the plaintiff to have such reassignment, and found for the plaintiff; and thereupon commissioners were appointed to reappraise and admeasure the same. From this interlocutory judgment this appeal is prosecuted. As a final judgment has not yet been rendered in the case, but the same is still pending in the circuit court, the appeal is premature, and must be dismissed. It is accordingly so ordered. All concur, except BARCLAY, J., absent.
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...in pursuance thereof (Spears v. Bond, 79 Mo. 467); an order appointing commissioners to reappraise and admeasure a homestead (Macke v. Byrd, 109 Mo. 487, 19 S.W. 70); a judgment in plaintiff's favor on equity count, asking cancellation of a release, but no judgment on the law count, asking ......
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Boden v. Johnson
...in pursuance thereof (Spears v. Bond, 79 Mo. 467); an order appointing commissioners to reappraise and admeasure a homestead (Macke v. Byrd, 109 Mo. 487); a judgment in plaintiff's favor on equity count, asking a cancellation of a release, but no judgment on the law count, asking damages fo......