Nielson v. Peterson
Utah Supreme Court
Appeal from District Court, Sau Pete County; Ferdinand Erickson, Judge. Action by Swen O. Nielson against Otto Peterson, in which Ellen Peterson intervened. From a judgment in favor of plaintiff, intervener appeals. APPELLANT'S POINTS. The principle, if not the sole object of homestead exemption laws is to protect debtors and their families in the possession and enjoyment of their homes, so as to give the wife and family a place to lay their head. (15 Am. and Eng. Ency.
Read the full summary
Appeal from District Court, Sau Pete County; Ferdinand Erickson, Judge. Action by Swen O. Nielson against Otto Peterson, in which Ellen Peterson intervened. From a judgment in favor of plaintiff, intervener appeals. APPELLANT'S POINTS. The principle, if not the sole object of homestead exemption laws is to protect debtors and their families in the possession and enjoyment of their homes, so as to give the wife and family a place to lay their head. (15 Am. and Eng. Ency. Law [2 Ed.], 526; Parsons v. Livingston [Iowa], 'll Am. Dec. 125.) These statutes have almost universally held that they are…
1Opinion of the CourtMcCAKTY, J.
Appellant insists that the mortgage is absolutely void, for the reason that she did not join in its execution and was in no way a party to it. On the other hand, it is contended that Otto Peterson, the mortgagor, had a right to mortgage the land in question, notwithstanding it was occupied by himself and family and was their only home, subject to the statutory one-third interest of his wife, which interest, respondent contends, is an inchoate and contingent interest which would take effect only upon the death of Otto Peterson, should his wife survive him.
The sections of the Revised Statutes…
2Cases cited8 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Stewart v. MackeyTexas Supreme Court · 1856
- Howe v. AdamsSupreme Court of Vermont · 1856
- Smith v. ScherckMississippi Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thompson v. ReynoldsUtah Supreme Court · 1922
- Daniels v. SmithUtah Supreme Court · 1917
- Stucki v. EllisUtah Supreme Court · 1949
- Adamson v. AdamsonUtah Supreme Court · 1920
- In re: Matthew David MichelUnited States Bankruptcy Court, D. Utah · 2026