Gile v. Hallock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ciarle County. Action to set aside a sheriff’s certificate of sale of plaintiffs’ land, sold by virtue of an execution against one Smith, from whom plaintiffs derived title. 'The complaint alleged that Smith acquired his title to the land under and by virtue of the act of congress of May 20,1862, known as the “homestead act.”
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APPEAL from the Circuit Court for Ciarle County. Action to set aside a sheriff’s certificate of sale of plaintiffs’ land, sold by virtue of an execution against one Smith, from whom plaintiffs derived title. 'The complaint alleged that Smith acquired his title to the land under and by virtue of the act of congress of May 20,1862, known as the “homestead act.” It also averred that the j'udgment under which the land was sold was a debt which accrued and was contracted before the patent issued upon the land, and that by section 53 of the act of congress aforesaid, the land was not liable to the…
1Opinion of the CourtDixoN, C. J.
The principal question involved in this appeal is as to the constitutional validity and operation of section 4 of the act of congress, approved May 20, 1862, entitled “ An act to secure homesteads to actual settlers on the public domain.” 12 U. S. Statutes at Large, ch. 75, p. 393; 2 Brightly’s Digest, p. 397, § 53. The section reads as follows: “ And be it further enacted, That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.” Has congress the power thus to…
2Cases cited1 opinion
- Farrington v. WilsonWisconsin Supreme Court · 1872
3Cited by14 opinions
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Weber v. LaidlerWashington Supreme Court · 1901
- In Re Davis' EstateSupreme Court of Oklahoma · 1912
- Wallowa National Bank v. RileyOregon Supreme Court · 1896
- Brandhoefer v. BainNebraska Supreme Court · 1895
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