513.480. If value exceeds limitation, owner may designate — proceedings. — Whenever an execution shall be levied upon the real estate of any person, of which such homestead may be a part, or upon such part of any homestead as may be in excess of the limitation of the value thereof created in section 513.475, such person shall have the right to designate and choose the part thereof to which the exemption created in section 513.475 shall apply, not exceeding the limited value; and upon such designation and choice, or in case of a refusal to designate or choose, the sheriff levying the execution shall appoint three disinterested appraisers, who shall, first being sworn to a faithful discharge of their duties, fix the location and boundaries of such homestead, and the sheriff shall then proceed with the levy of such execution upon the residue of such real estate as in other cases; and such proceedings in respect to the homestead shall be stated in the return upon such execution.
Notes of Decisions
Sisk v. McIlroy & Assocs., 934 S.W.2d 567 (Mo. Ct. App. 1996).
· cites it 3× “490, 3 and the sale was void because the Sheriff did not “determine and designate a homestead through the appointment of three appraisers” as required by § 513.480. 4 Plaintiff, however, did not plead this theory in his petition.”
Meeks Leasing Co. v. Young, 881 S.W.2d 232 (Mo. Ct. App. 1994).
· cites it 5× “” § 513.480, RSMo 1986. Another part of the homestead law says that if a homestead is mortgaged “the value .”
Rubin v. Burns (In Re Burns), 73 B.R. 13 (Bankr. W.D. Mo. 1986).
· cites it 3× “…The rule appears to be the same under Missouri law governing valuation of homesteads appears to be the same. See section 513.480 RSMo.”
Karsznia v. Kelsey, 262 S.W.2d 844 (Mo. 1953).
· cites it 3× “475, the head of the family "shall have the right to designate and choose the part thereof to which the exemption created in section 513.475, shall apply, not exceeding the limited value; and upon such designation and choice, or in case of a refusal to designate or choose, the…”
Bank of New Cambria v. Briggs, 236 S.W.2d 289 (Mo. 1951).
· cites it 2× “§ 609, now Section 513.480 R. S. 1949. But we. must further examine the part of the trial court’s judgment and decree by which it was determined a homestead right or interest is presently vested in defendant husband.”
Ferm v. Crenshaw, 468 S.W.2d 706 (Mo. Ct. App. 1971).
· cites it 6× “Upon hearing, the circuit court entered conclusions of law to the effect that defendant occupied the subject property prior to the entry of judgment, that she was entitled to claim her homestead exemption therein, and that the sheriff’s sale was void because appraisers were not…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.