Aultman & Taylor Co. v. Howe
Nebraska Supreme Court
Error to tbe district court of Lancaster county, where a motion of defendant Howe to set aside a sale of real estate made upon an execution, on tbe ground that the same was a homestead, was heard and sustained by Pound, J. A judgment, regular upon its face, is conclusive against the defendant, and the homestead right cannot be tried on motion to set aside sale.
Read the full summary
Error to tbe district court of Lancaster county, where a motion of defendant Howe to set aside a sale of real estate made upon an execution, on tbe ground that the same was a homestead, was heard and sustained by Pound, J. A judgment, regular upon its face, is conclusive against the defendant, and the homestead right cannot be tried on motion to set aside sale. Rector v. Rotton, 3 Neb., 171. Cook v. King, 8 Cal., 347. Slaughter v. Detiney, 15 Indiana, 49. State v. Melengue, 9 Ind., 715. Perkins v. Bragg, 29 Ind., 507. Savings Bank v. Wheeler, 20 Kansas, 630. The homestead claimed must “ be…
1Opinion of the Court
Maxwell, Ch. J.
In February, 1879, the plaintiffs recovered a judgment against the defendant in the county court of *10Lancaster county, for the sum of $470.41, and $81.54 costs of suit. A transcript of the j udgment was thereupon filed in the office of the clerk of the district court, and an execution issued thereon, which was levied upon certain lands belonging to the defendant, which were sold under said execution and purchased by the plaintiffs for the sum of $400. Upon the sale being reported to the court the plaintiffs filed a motion to confirm the same, and while,the motion was pending the…
2Cases cited2 opinions
- Ray v. MasonNebraska Supreme Court · 1877
- White v. RowleySupreme Court of Iowa · 1877
3Cited by6 opinions
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Ecklund v. WillisNebraska Supreme Court · 1895
- Dorrington v. MinnickNebraska Supreme Court · 1884
- Republican Valley Railroad v. BoyseNebraska Supreme Court · 1883
- Dolen v. StateNebraska Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.