Dorrington v. Myers
Nebraska Supreme Court
Injunction to restrain defendants from selling, upon execution, property described in the petition, alleged to be the homestead of plaintiff. The cause was brought in the district court of Richardson county, and upon a hearing there before Weaver, J., decree was rendered in favor of plaintiff, from which defendants appeal. cited Thompson on Homesteads, secs. 10, 40, 73, 291, 292, 293. Cooper o.
Read the full summary
Injunction to restrain defendants from selling, upon execution, property described in the petition, alleged to be the homestead of plaintiff. The cause was brought in the district court of Richardson county, and upon a hearing there before Weaver, J., decree was rendered in favor of plaintiff, from which defendants appeal. cited Thompson on Homesteads, secs. 10, 40, 73, 291, 292, 293. Cooper o. Cooper, 24 Ohio State, 488. Chinn v. Barry, 15 Wall., 610. cited Silloway v. Brown, 12 Allen, 34. Thompson on Homestead, sec. 72. Tyson v. Reynolds, 52 Iowa, 431.
1Opinion of the CourtCobb, J.
It is well settled that the law in regard to exemptions, as well as that relating to stay of execution, valuation, or appraisement laws and other similar laws, in force when a contract is entered into, becomes the law of such contract. This principle has been often invoked by the creditor for his protection against the effect of subsequent legislation which has sought to enlarge the amount of exemptions, etc. But I know of no good reason why the rights of the debtor should not be equally under the protection of the law as those of the creditor. And if, as is certainly the case, the amount of…
2Cited by18 opinions
- Dougherty v. WhiteNebraska Supreme Court · 1924
- Stoller v. StateNebraska Supreme Court · 1960
- McHugh v. SmileyNebraska Supreme Court · 1885
- Dennis v. Omaha National BankNebraska Supreme Court · 1886
- Gerner v. ChurchNebraska Supreme Court · 1895
13 more not listed; retrieve them via the Exa API.