Macke v. Byrd

109 Mo. 487

• Court: Supreme Court of Missouri
• Decided: October 15, 1891
• Status: Published

Opinion

Brace, J.

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 Baeclay, J., absent.