Miller v. Little
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Solano County. Action to restrain the sale of land under execution. The defendant, Anderson, having initiated a homestead claim under the laws of the United States in 18G3, subsequently perfected it, and received a a patent in June, 1869. Prior to the issuance of the patent, and pending the proceedings, he became indebted to defendant Little upon a promissory note.
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Appeal from the District Court of the Seventh Judicial District, Solano County. Action to restrain the sale of land under execution. The defendant, Anderson, having initiated a homestead claim under the laws of the United States in 18G3, subsequently perfected it, and received a a patent in June, 1869. Prior to the issuance of the patent, and pending the proceedings, he became indebted to defendant Little upon a promissory note. Subsequently, an action was brought upon the note, and a judgment was rendered against him January 19th, 1871. The plaintiff purchased the premises from Anderson in-…
1Opinion of the Court
By the Court, Crockett, J.:
By the fourth section of the Homestead Act of the United States, approved May 20th, 1862 (12 Statutes at Large, 392), it is provided 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. ”
The only question presented on this appeal is, whether a homestead claim perfected by a patent under the Act of Congress, and afterward conveyed by the patentee to another person, is exempt from execution and sale for a debt contracted by the…
2Cited by17 opinions
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- Paige v. PetersWisconsin Supreme Court · 1887
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