Legal Opinion

Oliver v. Snowden

Supreme Court of Florida

Decided January 15, 1882PublishedCited by 16 opinions

Appeal from the Circuit Court for Alachua county. Peter Q-. Snowden, on the 26th of November, 1880, recovered a judgment at law in the Circuit Court of Alachua county against Peter M. Oliver, and had a fi. fa. issued therefrom.

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Appeal from the Circuit Court for Alachua county. Peter Q-. Snowden, on the 26th of November, 1880, recovered a judgment at law in the Circuit Court of Alachua county against Peter M. Oliver, and had a fi. fa. issued therefrom. On December 2d, 1880, Oliver filed in the County Judge’s office of Alachua county a schedule of his real estate that he desired and claimed to be exempted as his homestead, embracing therein the .land levied upon under the above execution, embracing 21 acres of land situated in the county. Execution from the above judgment was levied by the sheriff upon these lands…

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court.

The material question is whether a debtor and his family residing in a town may claim a homestead in lands out of town which are cultivated but not actually occupied by them.

The word “ homestead,” as used in the Constitution and Statutes of California, is thus defined by the courts of that State: “ It represents the dwelling-house at which the family resides, with the usual and customary appurtenances, including out buildings of every kind necessary or convenient for family use, and lands used for the purposes thereof. If situated in the…

2Cases cited6 opinions

  1. Gregg v. BostwickCalifornia Supreme Court · 1867
  2. Baker v. StateSupreme Court of Florida · 1879
  3. Kelly v. BakerSupreme Court of Minnesota · 1865
  4. Rogers' administrator v. RaglandTexas Supreme Court · 1874
  5. Folsom v. CarliSupreme Court of Minnesota · 1861

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

3Cited by16 opinions

  1. Pasco v. HarleySupreme Court of Florida · 1917
  2. McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
  3. Semple v. SempleSupreme Court of Florida · 1921
  4. Murphy v. FarquharSupreme Court of Florida · 1897
  5. Clark v. CoxSupreme Court of Florida · 1920

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

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