Bunker v. Coons
Utah Supreme Court
Appeal from the Sixth District Court, Sevier County, Hon. W. M. McCarty, Judge. Action to set aside a sale on execution on the ground that plaintiff at the time of the levy and sale was the head of a family with whom he resided in the vicinity of the land, and that the proceeds thereof were and had been used for the support of himself and family; that the land constituted his homestead, and was exempt from levy and sale on execution.
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Appeal from the Sixth District Court, Sevier County, Hon. W. M. McCarty, Judge. Action to set aside a sale on execution on the ground that plaintiff at the time of the levy and sale was the head of a family with whom he resided in the vicinity of the land, and that the proceeds thereof were and had been used for the support of himself and family; that the land constituted his homestead, and was exempt from levy and sale on execution. From a judgment for plaintiff, defendants appealed. Statutes which contain a provision that residence upon the land claimed as a homestead is necessary to make…
1Opinion of the Court
Miner. J.
The plaintiff, Bunker, since 1890 was the owner of 30 acres of improved land without buildings thereon located at -Annabella, Sevier County, of a value of less than f1,000. The defendant, the Consolidated Implement Company; obtained judgment against the plaintiff upon a promissory note given in payment for a wagon in January, 1895, and an execution issued thereon, which sa.id execution was placed in the hands of the defendant Coons, who levied the same on the land aDd sold said land to the defendant, the Implement Company, in July, 1898. This action was brought to set aside the sale…
Also in this document: Concurrence.
2Cases cited10 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Beecher v. BaldyMichigan Supreme Court · 1859
- Showers v. RobinsonMichigan Supreme Court · 1880
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Carter's Administrators v. CarterSupreme Court of Florida · 1884
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3Cited by14 opinions
- Van Wyck v. Union Tr. Co. of S.F.California Supreme Court · 1921
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- Zuniga v. EvansUtah Supreme Court · 1935
- School District No. 1 v. Teachers' Retirement Fund Ass'nOregon Supreme Court · 1939
- Title Guarantee & Trust Co. v. RileyCalifornia Supreme Court · 1925
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