Wilson v. Peterson
Oregon Supreme Court
From Clackamas; James U. Campbell, Judge. Statement by Mr. Justice Bean. This is a proceeding by Robert F. Wilson, Anna Wilson Knight, James G-. Wilson, Samuel Wilson, Margaret Wilson Cumming, and John F. Wilson, against John A. Peterson and Mary Peterson, his wife, to subject lots 8 and 10, block B, Kerr & Schindler’s Addition to Milwaukee, Clackamas County, Oregon, to the satisfaction of a judgment against the defendants.
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From Clackamas; James U. Campbell, Judge. Statement by Mr. Justice Bean. This is a proceeding by Robert F. Wilson, Anna Wilson Knight, James G-. Wilson, Samuel Wilson, Margaret Wilson Cumming, and John F. Wilson, against John A. Peterson and Mary Peterson, his wife, to subject lots 8 and 10, block B, Kerr & Schindler’s Addition to Milwaukee, Clackamas County, Oregon, to the satisfaction of a judgment against the defendants. The latter claim the real property as a homestead, under the provisions of Section 221 et seq., L. O. L. From a judgment denying plaintiff’s application for an order…
1Opinion of the CourtJustice Bean
1. The main contention of the plaintiff is that the conveyance by the judgment debtor, subsequent to the attachment, abrogated their statutory right to claim the property as a homestead. They rely upon the case of Hansen v. Jones, 57 Or. 416 (109 Pac. 868), in which a judgment debtor, after the filing of a transcript of judgment, and before the levy of execution, *528conveyed his homestead by warranty deed for a recited consideration, and, after the levy of execution, the grantee by a similar deed reconveyed the lots to the debtor. It was held that the debtor, not being the owner of the homestead…
2Cases cited2 opinions
- Hansen v. JonesOregon Supreme Court · 1910
- Bowman v. SherrillOregon Supreme Court · 1911
3Cited by10 opinions
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- Johnson v. TuckerOregon Supreme Court · 1917
- Sterrett v. HurlburtOregon Supreme Court · 1929
- Watson v. HurlburtOregon Supreme Court · 1918
- Crim v. ThompsonOregon Supreme Court · 1924
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