Myers v. Ford
Wisconsin Supreme Court
APPEAL from the Circuit Court' for Dane County. A lot in the city of Madison belonging to Myers was levied upon June 3d, 1865, and sold to Ford on the 22d of the same month, to satisfy a judgment against Myers, the latter having notified the sheriff before the sale that he claimed the premises as his homestead.
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APPEAL from the Circuit Court' for Dane County. A lot in the city of Madison belonging to Myers was levied upon June 3d, 1865, and sold to Ford on the 22d of the same month, to satisfy a judgment against Myers, the latter having notified the sheriff before the sale that he claimed the premises as his homestead. This action was brought to set aside the levy, sale and certificate, and restrain the execution of a deed by the sheriff, etc. — It appeared that the plaintiff, at the time of the levy and sale, and for many years previous, was a resident of the state, and had owned the premises in…
1Opinion of the Court
Cole, J:
We think the plaintiff was entitled to the homestead exemption. The statute secures it to “ the owner,” where the prescribed'quantity is “owned and occupied by *141any resident of the state.” Sec. 28, chap. 134, R. S. It does not restrict the privileges of the homestead exemption to the ease where the “ owner ” is a “ married man.” The statute speaks of the “ owner,” “ resident,” “ householder,” as descriptive of the persons who are entitled to the benefit of the exemption. A man may be an “ owner,” “ resident,” and “ householder,” without being married. A single man may own property^…
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