Lachman v. Walker
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion, I. The lien of a judgment never attaches on a homestead claim. Upon a conveyance thereof, the purchaser takes the land, clear of any judgment lien, docketed whilst the homestead claimant was occupying it.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion, I. The lien of a judgment never attaches on a homestead claim. Upon a conveyance thereof, the purchaser takes the land, clear of any judgment lien, docketed whilst the homestead claimant was occupying it. (Green v. filarles, 25 111. 225; Bliss v. Glarlc, 39 Id. 590; Wiggins v. Chance, 54 Id. 175; Civil Practice Act, 206; Ackley v. Chamberlain, 16 Cal. 183; Boioman v. Norton, Id. 220; Houghton v. Lee, 50 Id. 101.) II. Compliance with the act of 1865 is not a condition precedent…
1Opinion of the Court
By the Court,
Leonard, J.:
Plaintiffs instituted this'action to enjoin defendant, sheriff of Washoe county, from selling certain real property under an execution issued out of the district court, in Washoe county, upon a judgment recovered in said court, September 27, 1878, in favor of G. Binaldo, and against Patrick McCarran, for the sum of five hundred and forty-four dollars, besides interest and costs.
Prior to January 7, 1879, for more than four years, Mc-Carran and wife occupied and claimed the property as a homestead, but neither one nor both selected the premises as a homestead, according…
2Cases cited2 opinions
- Hawthorne v. SmithNevada Supreme Court · 1867
- Cohen v. DavisCalifornia Supreme Court · 1862
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- Smith v. RichardsIdaho Supreme Court · 1889
- I. H. Kent Company and First National Bank of Nevada v. Harry A. Busscher, Trustee in Bankruptcy of the Estate of Boyce H. MillerCourt of Appeals for the First Circuit · 1960
- McGill v. LewisNevada Supreme Court · 1941
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