Hawthorne v. Smith
Nevada Supreme Court
Appealed from the District Court of the First Judicial District, Hon. S. H. Wright, presiding. 1st. It is the purpose and spirit of the law to exempt from sale on execution the family residence or dwelling actually occupied as such. And it is the actual occupancy coupled with the intention to make it a home that impresses the premises with the character of homestead. 2d.
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Appealed from the District Court of the First Judicial District, Hon. S. H. Wright, presiding. 1st. It is the purpose and spirit of the law to exempt from sale on execution the family residence or dwelling actually occupied as such. And it is the actual occupancy coupled with the intention to make it a home that impresses the premises with the character of homestead. 2d. That portion of Section 2, of the Homestead Act of March 6th, 1865, which provides for the selection of the homestead, and prescribes the manner of the selection, is directory merely. (Groldman v. Clark, 1 Nevada Reports,…
1Opinion of the Court
Opinion by
Beatty, C. J., Lewis, J.,
concurring.
In the month of March, 1866, appellants moved into a house which, with the land attached thereto, is now the subject of litigation. In September of the same year one Robert Woodburn brought suit against W. A. Hawthorne, and at the time of bringing suit sued out a writ of attachment and had it levied on this house and grounds. In December of the same year judgment was rendered in favor of plaintiff, and in the early part of the year 1867 execution was issued and the property previously levied on under the attachment was advertised for sale. In…
2Cited by29 opinions
- Myers v. MatleySupreme Court of the United States · 1943
- Estate of WalleyNevada Supreme Court · 1876
- Brace & Hergert Mill Co. v. BurbankWashington Supreme Court · 1915
- Weare v. JohnsonSupreme Court of Colorado · 1894
- Gage v. NeblettTexas Supreme Court · 1882
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