Upman v. Second Ward Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. iphis was an action to restrain the defendants from selling, on executions in favor of the Second Ward Bank, a certain lot in the city of Milwaukee, which the plaintiff claimed as his homestead. The facts are sufficiently stated in the opin-court circuit judge held that the lot was not exempt as a homestead, and dismissed the complaint.
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APPEAL from the Circuit Court for Milwaukee County. iphis was an action to restrain the defendants from selling, on executions in favor of the Second Ward Bank, a certain lot in the city of Milwaukee, which the plaintiff claimed as his homestead. The facts are sufficiently stated in the opin-court circuit judge held that the lot was not exempt as a homestead, and dismissed the complaint. It was claimed in the court below that as the debtor was not actually residing on the lot at the time the judgments were rendered, and as he was under injunction issued on supplementary proceedings, he could…
1Opinion of the Court
By the Court,
Cole, J.
We fully concur in the conclusion of the circuit court, that the appellant cannot claim the property mentioned in the pleadings, as exempt from sale on the executions upon the ground that it was his homestead. When the judgments were obtained, upon which the executions were issued, he was not a resident of the state, but lived with his family in Minnesota. Executions were issued upon those judgments, and owing to some uncertainty as to the precise nature of his interest in this property, it was not levied on and sold, but the executions were returned unsatisfied. Then…
2Cases cited1 opinion
- Hoyt v. HoweWisconsin Supreme Court · 1854
3Cited by10 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Berger v. BergerWisconsin Supreme Court · 1899
- Bartle v. BartleWisconsin Supreme Court · 1907
- In Re ArnhoelterUnited States Bankruptcy Court, E.D. Wisconsin · 2010
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