In re Emerson's Homestead
Supreme Court of Minnesota
Appeal by William B. Silvey, receiver of the property and estate of E. P. Emerson, insolvent, from an order of the District Court of St. Louis County, Samuel-H. Moer, J., made January 30, 1894, assigning to the insolvent four rooms in the Spalding House as his homestead.
Read the full summary
Appeal by William B. Silvey, receiver of the property and estate of E. P. Emerson, insolvent, from an order of the District Court of St. Louis County, Samuel-H. Moer, J., made January 30, 1894, assigning to the insolvent four rooms in the Spalding House as his homestead. On March 12, 1889, E. P. Emerson leased of the Spalding Hotel Company, a corporation, the hotel situated on the southeast corner of Fifth avenue and Superior street in Duluth known as the SpaldingHouse for the term of ten years. He was to pay no rent the first year, but was to pay $7,500 a year for the second, third and…
1Opinion of the CourtCollins, J.
Tue peculiar features of this case make it novel, but we are of the opinion that the questions presented are foreclosed by former decisions of the court.
1. That a tenant holding a leasehold interest for a term of years, can acquire a homestead right in the property ought not to be questioned, nor do we understand that appellant’s counsel claim to the contrary. In Kaser v. Haas, 27 Minn. 406, (7 N. W. 824,) it was said, when speaking of the homestead exemption, that the character of the ownership, or of the estate or interest owned, is not material, so that it gives the right of occupancy, —…
2Cases cited7 opinions
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Kaser v. HaasSupreme Court of Minnesota · 1881
- Pelan v. De BevardSupreme Court of Iowa · 1862
- Kinney v. Duluth Ore Co.Supreme Court of Minnesota · 1894
- Conklin v. FosterIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Denzer v. PrendergastSupreme Court of Minnesota · 1964
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- Kinney v. Duluth Ore Co.Supreme Court of Minnesota · 1894
- Keith v. AlbrechtSupreme Court of Minnesota · 1903
- Walton v. WaltonCalifornia Court of Appeal · 1943
11 more not listed; retrieve them via the Exa API.