Rector v. Rotton
Nebraska Supreme Court
' This was an appeal from an order of the district court for Otoe county, setting aside a sheriff’s sale of certain real estate under a decree of foreclosure, on the ground that it was a family homestead. The facts are fully set forth in the opinion of the court. Mr. Justice Gantt, having been of counsel in the court below did not participate in the decision of the cause in this court.
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' This was an appeal from an order of the district court for Otoe county, setting aside a sheriff’s sale of certain real estate under a decree of foreclosure, on the ground that it was a family homestead. The facts are fully set forth in the opinion of the court. Mr. Justice Gantt, having been of counsel in the court below did not participate in the decision of the cause in this court. Sanford Rector, presented among others the following points: I. Can a homestead be sold at judicial sale under a decree of foreclosure of a mortgage thereon, executed by the head or heads of the family? The…
1Opinion of the Court
Lake, Ch. J.
There were several questions urged upon our attention on the argument of this cause, but we shall only consider those necessarily involved in the decision thereof.
I. The principal question, and the one to which I shall first give attention is, whether, under the law of this state before the act of the legislature, approved February 20, 1873, General Statutes, 403, a homestead was liable to sale under a decree foreclosing a mortgage, duly executed by the mortgagor, while it was being occupied by him with his family.
The record discloses that the premises in controversy have for…
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