Brown v. Hughes
Supreme Court of Minnesota
Action in the district court for Le Sueur county to vacate a sheriff’s certificate of. sale of plaintiff’s homestead made under an execution issued upon a judgment entered against defendant on May 27, 1892, for labor and material furnished in the erection of buildings upon the premises prior to November 6, 1888. The case was tried before Cadwell, J., who found in favor of plaintiff. From an order denying a motion for a new trial defendant appealed.
1Opinion of the CourtCollins, J.
The sole question presented by this appeal is, is a judgment rendered and docketed after the adoption of the amendment to article 1, § 12, of the Constitution, upon a debt contracted oí entered into for work done or material furnished prior thereto in the construction of a building upon the statutory homestead of the judgment debtor, enforceable, and the amount thereof collectible, as against such homestead?
Prior to the amendment, adopted November 6, 1888, section 12 read, in part, as follows:
“A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or…
2Cases cited1 opinion
- Nickerson v. CrawfordSupreme Court of Minnesota · 1898
3Cited by12 opinions
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- City of Fort Worth v. MorrowCourt of Appeals of Texas · 1926
- Drenttel v. Jensen-Carter (In Re Drenttel)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- State ex rel. Mathews v. HoudersheldtSupreme Court of Minnesota · 1922
- Schmitt v. EmerySupreme Court of Minnesota · 1943
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