Schultz v. Barrows
Supreme Court of Oklahoma
Error from the District Court of Olclahoma County; before-James R. Keaton, District Judge. Petition by H. H. Scbultz against J. H. Barrows, sheriff, and Henry Duffy. Execution was issued from the district court of Oklahoma county on the 23d day of March,. 1897, and levied by Barrows, sheriff, upon lot 2, block 13,. South addition of Oklahoma City, to satisfy a judgment lien in favor of Duffy for $19 and costs.
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Error from the District Court of Olclahoma County; before-James R. Keaton, District Judge. Petition by H. H. Scbultz against J. H. Barrows, sheriff, and Henry Duffy. Execution was issued from the district court of Oklahoma county on the 23d day of March,. 1897, and levied by Barrows, sheriff, upon lot 2, block 13,. South addition of Oklahoma City, to satisfy a judgment lien in favor of Duffy for $19 and costs. Schultz, the plaintiff in error, thereupon filed his petition in the district court asserting that the property levied upon was,, as his homestead, exempt from sale under execution. A.…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The only question in the case was as to the correctness of the court’s finding upon the facte as to the validity of the plaintiff in error’s claim that the property was exempt as a homestead. Evidence was adduced by the plaintiff in error to show that he was, and is, the head of a family; and that, with his family, he settled upon the lot in question, and resided thereon from the year 1889 up to the present time, rand with his i'amilymadehishomethereonjtbat it is within the boundaries of the incorporated city, and did not include more than- one acre; that…
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