Legal Opinion

Ward v. George Huhn & Co.

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 5 opinions

This action was brought'in the district court for Hennepin county, to restrain the defendants from selling on execution certain premises claimed by the plaintiff as his homestead. The complaint alleged that the plaintiff was the owner of an undivided one-half of two lots in Brown & Jackin’s addition to Minneapolis, and had owned and occupied said premises as his homestead, residing thereon with his family, for the past seven years.

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This action was brought'in the district court for Hennepin county, to restrain the defendants from selling on execution certain premises claimed by the plaintiff as his homestead. The complaint alleged that the plaintiff was the owner of an undivided one-half of two lots in Brown & Jackin’s addition to Minneapolis, and had owned and occupied said premises as his homestead, residing thereon with his family, for the past seven years. That on the 22d February, 1868, he had filed a petition in bankruptcy and been duly adjudged a bankrupt, and that the said premises had been set apart to him as a…

1Opinion of the Court

By the Court

Berry, J.

The plaintiff claims to hold the undivided half of two town lots exempt from the lien of a judgment in favor of defendants, Huhn & Co,, and from execution sale upon such judgment by defendant Hicks as sheriff. An important question raised is whether our statute exempts a homestead consisting of the undivided half of two lots in an incorporated town, city or village. The statute reads in this wise: “ That a homestead consisting of * * a quantity of land, not exceeding in amount one lot, being within an incorporated town, city or village, shall not be subject to” judgment…

2Cited by5 opinions

  1. Kaser v. HaasSupreme Court of Minnesota · 1881
  2. In Re MedillUnited States Bankruptcy Court, D. Minnesota · 1990
  3. Matter of Guardianship of HuesmanCourt of Appeals of Minnesota · 1986
  4. McCarthy v. KelleyMontana Supreme Court · 1922
  5. Randal v. ElderSupreme Court of Kansas · 1873

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