Legal Opinion

Schoffen v. Landauer

Wisconsin Supreme Court

Decided April 8, 1884PublishedCited by 8 opinions

APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tatloe: “This action was brought by the respondents, husband' and wife, to restrain the delivery of a sheriffs deed on an execution sale, and to set aside such sale. The ground upon which the action is based is the allegation that the property sold by the sheriff on execution was the homestead of the respondents at the time the same was sold.

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APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tatloe: “This action was brought by the respondents, husband' and wife, to restrain the delivery of a sheriffs deed on an execution sale, and to set aside such sale. The ground upon which the action is based is the allegation that the property sold by the sheriff on execution was the homestead of the respondents at the time the same was sold. The evidence upon the trial shows the following facts: . “Ever since 1865, the respondent Andrew Schnffen has owned the south half of lots 4 and 5, and lot 6, in…

1Opinion of the CourtTaylor, J.

The real question presented by the case is whether the east end of the fourteen-rod strip of land, with the dwelling-house situated thereon, was the homestead of the respondents at the time the execution sale was made. The respondents rest their claim to hold the dwelling-house and the adjoining land on the east end of the lot as their homestead on the ground that they have claimed it to be such, although they have not lived on it for the ten years next preceding the sale, and have in fact had their home and lived in the buildings on the west end of the lot during all this time. The statute…

2Cases cited6 opinions

  1. Jarvais v. MoeWisconsin Supreme Court · 1875
  2. Phelps v. RooneyWisconsin Supreme Court · 1859
  3. Herrick v. GravesWisconsin Supreme Court · 1862
  4. Casselman v. PackardWisconsin Supreme Court · 1862
  5. In re the Estate of PhelanWisconsin Supreme Court · 1862

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Roche v. Du BoisWisconsin Supreme Court · 1937
  2. In re MayerCourt of Appeals for the Seventh Circuit · 1901
  3. Krueger v. GrothWisconsin Supreme Court · 1926
  4. Bouse v. StoneSupreme Court of Oklahoma · 1916
  5. Lenora State Bank v. PeakCourt of Appeals of Kansas · 1896

3 more not listed; retrieve them via the Exa API.

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