Clark v. Dewey
Supreme Court of Minnesota
Action in the district court for Hennepin county to set aside an execution sale to defendant of a certain city lot and dwelling house which plaintiff claimed as his homestead. His declaration of intent to claim the property as a homestead was duly recorded June 16, 1893. The other facts are stated in the opinion. The case was tried before Smith, J., without a jury, and the court made findings and ordered judgment in favor of defendant.
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Action in the district court for Hennepin county to set aside an execution sale to defendant of a certain city lot and dwelling house which plaintiff claimed as his homestead. His declaration of intent to claim the property as a homestead was duly recorded June 16, 1893. The other facts are stated in the opinion. The case was tried before Smith, J., without a jury, and the court made findings and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed. Plaintiff took title to the homestead under the statute and not by the will of the…
1Opinion of the CourtMitchell, J.
This action was brought to set aside the sale of a house and lot in Minneapolis, made February 3,1896, on an execution issued on a judgment rendered and docketed August 20,1890, against the plaintiff and in favor of the defendant.
The ground on which it was sought to have the sale set aside was that the property was the plaintiff’s homestead, and therefore exempt. The property belonged to plaintiff’s former wife, and *110passed to him, under the statute of descents (G. S. 1894, § 4470), on her death without issue November 27, 1892. It had been occupied by plaintiff and his wife as their home and…
2Cases cited3 opinions
- Donaldson v. LampreySupreme Court of Minnesota · 1881
- Quehl v. PetersonSupreme Court of Minnesota · 1891
- Williams v. MoodySupreme Court of Minnesota · 1886
3Cited by25 opinions
- First National Bank of Mankato v. WilsonSupreme Court of Minnesota · 1951
- In Re CochraneUnited States Bankruptcy Court, D. Minnesota · 1995
- Mueller v. Buckley (In Re Mueller)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- Muscala v. WirtjesSupreme Court of Minnesota · 1981
- In Re Quentin B. Stenzel, Debtor. Peoples' State Bank of Wells v. Quentin B. StenzelCourt of Appeals for the Eighth Circuit · 2002
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