Shaw v. Kirby
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Taylor ■county: E. 33. Bundy, Judge. The plaintiffs have the legal title to and are in possession of forty acres of land not situated in a city or village.
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Appeal from a judgment of the circuit court for Taylor ■county: E. 33. Bundy, Judge. The plaintiffs have the legal title to and are in possession of forty acres of land not situated in a city or village. They obtained their title from one Lewis Brown, who purchased and received a conveyance thereof, May 22, 1880. The defendants obtained and docketed a judgment against Brown Eebruary 6,1883. In December, 1892, the defendants caused an execution to be issued and a levy made upon said premises, and they threaten to sell the same upon such execution. This action was brought in equity to…
1Opinion of the Court
Wijvslow, J".
This case is ruled by the case of Scofield v. Hopkins, 61 Wis. 370, 375. It was said, in that case, that “ the Iona fide intention of acquiring the premises for a homestead, without defrauding any one, evidenced by overt acts in fitting them to become such, followed by actual occupancy within a reasonable time, must be held to give to the premises answering the description prescribed in the statute the character of a homestead; and the homestead exemption thus secured . . . relates back to the time of purchase with such intent to make the premises a homestead.” Applying these…
2Cases cited1 opinion
- Scofield v. HopkinsWisconsin Supreme Court · 1884
3Cited by4 opinions
- State Bank of Waupun v. StormWisconsin Supreme Court · 1919
- Robers v. HegemanWisconsin Supreme Court · 1936
- Schwitzke v. American National BankWisconsin Supreme Court · 1943
- Semple v. SempleSupreme Court of Florida · 1921