Mohan v. Smith
Supreme Court of Minnesota
Appeal by defendants Smith and Doran (impleaded with the sheriff, Patrick Bray, as to whom the suit was dismissed before trial,) from a judgment of the district court for Sibley county, Macdonald, J., presiding.
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Appeal by defendants Smith and Doran (impleaded with the sheriff, Patrick Bray, as to whom the suit was dismissed before trial,) from a judgment of the district court for Sibley county, Macdonald, J., presiding. The plaintiff having selected the north 80 acres as his homestead, the sale is-valid as to the south 80. . Eespondent is not injured by having to pay the whole amount bid for both, in order to redeem this tract; the higher price thus obtained for this 80, the better for the respondent. Pittsfield Bank v. Iioiok, 4 Allen, 347; Castle v. Palmer, 6 Allen, 401; Sivanv. Stevens, 99…
1Opinion of the CourtGtlfillan, C. J.
This is an action to clear off the cloud created by a sheriff’s certificate of sale of certain lands on execution. The land was sold in two parcels. Of the validity of the sale of the second parcel no question is made. The first parcel consisted of two 80-acre tracts, and the sale was for one gross sum. Upon one of these 80-acre tracts was the dwelling of plaintiff, occupied by him and his family as their home, and the eighty was claimed by him as his homestead, of which claim he notified the sheriff immediately after the levy and before the sale.
That the sale was void as to the homestead is…
2Cases cited1 opinion
- Ferguson v. KumlerSupreme Court of Minnesota · 1880
3Cited by4 opinions
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- Randal v. ElderSupreme Court of Kansas · 1873