Jarvais v. Moe
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Action to restrain the sale of a house and lot belonging to the plaintiffs, in the city of La Crosse, upon execution to satisfy a judgment rendered against the plaintiff Nicholas Jarvais in July, 1873; plaintiffs claiming that the house has been held and occupied by them as a homestead since 1870, and that, as such homestead, it is exempt from sale on the execution.
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APPEAL from the Circuit Court for La Crosse County. Action to restrain the sale of a house and lot belonging to the plaintiffs, in the city of La Crosse, upon execution to satisfy a judgment rendered against the plaintiff Nicholas Jarvais in July, 1873; plaintiffs claiming that the house has been held and occupied by them as a homestead since 1870, and that, as such homestead, it is exempt from sale on the execution. The sheriff and his deputy, and the judgment plaintiffs, were made defendants. The answer alleged, that at the time of the rendition and docketing of the judgment in. question,…
1Opinion of the CourtRyan, C. J.
Under the statute regulating the homestead exemption, as it stood before the act of 1858, this court held that when the “ land ceases to be the homestead of the debtor by his lawful act and with his full consent,” the exemption ceased. The case turned upon a conveyance of the homestead. But the only qualification of the broad rule suggested by the court was, that it was not intended “to hold that if the dwelling house, situated upon the homestead and forming part of it, should be consumed by fire, or should by any accident become untenantable, it would at once lose its character and become…
2Cases cited8 opinions
- Phelps v. RooneyWisconsin Supreme Court · 1859
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Case of Miller's EstateSupreme Court of Pennsylvania · 1832
- Hoyt v. HoweWisconsin Supreme Court · 1854
- Herrick v. GravesWisconsin Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- Goodell v. BlumerWisconsin Supreme Court · 1877
- Field v. GoatSupreme Court of Oklahoma · 1918
- Farmers State Bank v. SlaubaughNorth Dakota Supreme Court · 1985
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