Frost v. Spitley
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This case, so far as is material to the understanding of the appeal, was a bill in equity - by Martin Spitley, a citizen of Illinois, against George W. Frost and wife, citizens of Nebraska, Thomas ■ O. Durant, a citizen of New York, .and The-Credit ÍVÍobilier o'f America, a corporation of Pennsylvania, alleging that the'plaintiff was entitled to'two 'lots-of-land’in the city of Omaha, county of…
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This case, so far as is material to the understanding of the appeal, was a bill in equity - by Martin Spitley, a citizen of Illinois, against George W. Frost and wife, citizens of Nebraska, Thomas ■ O. Durant, a citizen of New York, .and The-Credit ÍVÍobilier o'f America, a corporation of Pennsylvania, alleging that the'plaintiff was entitled to'two 'lots-of-land’in the city of Omaha, county of Douglas, and State'of- 'Nebraska, under a sale on- execution against Frost to one John I. Redick,’ and a conveyance from…
1Opinion of the CourtJustice Gray
The opinion of the Circuit Court proceeded upon the grounds that Frost’s homestead right, as against the contract made by him with Redick in 1870, and the judgment and execution afterwards obtained by Kedick on that contract, was governed by the homestead act of Nebraska of 1866, by which no consent of the wife to an alienation of the homestead was required ; and that the sale on execution, confirmed by the court, cut off the right of homestead. 5 McCrary, 43. But it is unnecessary to consider the validity of either of those grounds, because, even if they are well taken, Spitley’s bill cannot…
2Cases cited13 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Stark v. StarrsSupreme Court of the United States · 1868
- Carroll v. SaffordSupreme Court of the United States · 1845
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
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3Cited by122 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Wehrman v. ConklinSupreme Court of the United States · 1894
- Sharon v. TuckerSupreme Court of the United States · 1892
- Gormley v. ClarkSupreme Court of the United States · 1890
- O'Hara v. ParkerOregon Supreme Court · 1895
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