Prince v. Hake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The defendant Breen is the sheriff of Ashland county, and this action was brought to restrain him from selling on execution issued out of the circuit court on a judgment recovered against the plaintiff’s intestate, John Mahoney, by the defendant Hake, certain lots of Mahoney, alleged to have been his homestead when the judgment was recovered. The action was commenced by Mahoney in his life-time.
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APPEAL from the Circuit Court for Ashland County. The defendant Breen is the sheriff of Ashland county, and this action was brought to restrain him from selling on execution issued out of the circuit court on a judgment recovered against the plaintiff’s intestate, John Mahoney, by the defendant Hake, certain lots of Mahoney, alleged to have been his homestead when the judgment was recovered. The action was commenced by Mahoney in his life-time. He died after issue was joined therein, and the action has been revived and continued in the name of the plaintiff, the duly-appointed and qualified…
1Opinion of the CourtLyoN, J.
The complaint shows that the lots which the sheriff was about to sell by virtue of the execution constituted the homestead of' Mahoney, the plaintiff’s intestate, *640and the answer alleges no fact which destroys the homestead right. The demurrer to the answer should therefore have been sustained. Although it is alleged in the answer that Mahoney kept a house of prostitution upon the lots and in the building claimed as his homestead, and sold liquors illegally on the same lots; still he owned the property and occupied it as his home. This exempted the property from sale on execution for his debt,…
2Cases cited3 opinions
- Stanton v. HitchcockMichigan Supreme Court · 1887
- Walsch v. CallWisconsin Supreme Court · 1873
- Tillman v. BrownTexas Supreme Court · 1885
3Cited by6 opinions
- Smith v. BanghamCalifornia Supreme Court · 1909
- Crowley v. ByrneWashington Supreme Court · 1912
- Ryan v. ColburnSupreme Court of Minnesota · 1932
- Gilmore v. RobertsWisconsin Supreme Court · 1891
- Harlan v. SchulzeCalifornia Court of Appeal · 1908
1 more not listed; retrieve them via the Exa API.