Elsner v. Dorn
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WarreN D. Tarrant, Circuit Judge. Tbe defendant Augusta, Born was tbe owner of a lot in tíre city of Milwaukee wbicb extended from Twenty-fourtb street to West Twenty-fourtb street in tbe block between Hadley and Center streets. Eor many years sbe bad occupied it as ber homestead, living in an old bouse wbicb stood on tbe balf of tbe premises fronting Twenty-fourtb street.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WarreN D. Tarrant, Circuit Judge. Tbe defendant Augusta, Born was tbe owner of a lot in tíre city of Milwaukee wbicb extended from Twenty-fourtb street to West Twenty-fourtb street in tbe block between Hadley and Center streets. Eor many years sbe bad occupied it as ber homestead, living in an old bouse wbicb stood on tbe balf of tbe premises fronting Twenty-fourtb street. Sbe entered into a contract with tbe defendants Hauclc and Bartelt for tbe erection of a bouse on tbe other balf of tbe premises, wbicb fronts on West…
1Opinion of the CourtSiebecKEr, J.
Appellants assert in effect that it is inequitable under the circumstances to sell first for satisfaction of the mortgage debt the portion of the premises not included in the mortgagor’s homestead. It is evident that when appellants’ lien arose the mortgagor, Mrs. Dorn, had established her homestead right to the premises she now occupies and that she was entitled to all the benefits that inhere in a homestead right. It has been held by this court that this right is superior in equity to that of creditors.
“The right of the owner to have his homestead exempt from liability in any form’ (R. S.…
2Cases cited1 opinion
- Clancey v. AlmeWisconsin Supreme Court · 1898
3Cited by2 opinions
- Reeves & Co. v. SaxtonWisconsin Supreme Court · 1911
- Hoffman v. Hartley (In re Hartley)United States Bankruptcy Court, W.D. Wisconsin · 2012