Wright v. Westheimer
Idaho Supreme Court
APPEAL from District Court, Bingham County. A new homestead which has been purchased with the proceeds of the sale of the old homestead is exempt in all cases where the old one would have been. (Sargent v. Chubbuck, 10 Iowa, 37; Cowgell v. Warrington, 66 Iowa, 666, 24 N. W. 266; Lamb v. McConlcey, 76 Iowa, 47, 40 N. W. 77; Whitt v. Kendall, 11 Ky. Law Bep. 116, 11 S. W. 592; Maynard May, 11 Ky.
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APPEAL from District Court, Bingham County. A new homestead which has been purchased with the proceeds of the sale of the old homestead is exempt in all cases where the old one would have been. (Sargent v. Chubbuck, 10 Iowa, 37; Cowgell v. Warrington, 66 Iowa, 666, 24 N. W. 266; Lamb v. McConlcey, 76 Iowa, 47, 40 N. W. 77; Whitt v. Kendall, 11 Ky. Law Bep. 116, 11 S. W. 592; Maynard May, 11 Ky. Law Bep. 166, 11 S. W. 806; Bailey v. Steve, 70-Wis. 316, 35 N. W. 735; Smyth on Homesteads, see. 194.) The, property in controversy having been bought with money received from the sale of the old…
1Opinion of the CourtSullivan, C. J.
This is an action brought by the appellant for the purpose of quieting title to and removing cloud from the title of certain town lots in the town of Blaekfoot, Bingham county. The complaint alleges that the respondents (the defendants in the court below) commenced an action in the district court of Bingham county, Idaho, against this appellant, on the twenty-first day of November, 1890, to obtain judgment against appellant on a certain contract theretofore executed by the appellant, and on said twenty-first day of November caused a writ of attachment to issue out of said court in said cause,…
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