Legal Opinion

Bebb v. Crowe

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 14 opinions

JEirror from, Decatur District Court. Action by Crowe and wife to restrain Bebb, as sheriff of Decatur county, from selling lot 25, in block 5, in the city of Oberlin, which lot they claimed as their homestead. At the trial in the district court, at the January term, 1887, judgment was rendered in their favor.

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JEirror from, Decatur District Court. Action by Crowe and wife to restrain Bebb, as sheriff of Decatur county, from selling lot 25, in block 5, in the city of Oberlin, which lot they claimed as their homestead. At the trial in the district court, at the January term, 1887, judgment was rendered in their favor. The court made special findings ■of fact, which are as follows: “In 1879 the plaintiffs were husband and wife, and at that time came- to Oberlin and purchased lot 25, block 5, in what is' now the city of Oberlin. The lot is located on the principal business street of Oberlin, and at…

1Opinion of the Court

Opinion by

Holt, C.:

The sole question we shall consider is, whether under the findings brought here this lot was occupied by the plaintiffs as their homestead. A homestead is limited in its extent in this state, and must be occupied as a residence of the family, but there is no limitation on its value; hence a part of the authorities cited by counsel have no application in this case. In passing to the discussion of matters that properly arise in this decision, we will say that it is evident that the claim of plaintiffs to this property as their homestead was not the means of withholding any…

2Cases cited5 opinions

  1. Phelps v. RooneyWisconsin Supreme Court · 1859
  2. Gainus v. CannonSupreme Court of Arkansas · 1884
  3. Kelly v. BakerSupreme Court of Minnesota · 1865
  4. Rush v. GordonSupreme Court of Kansas · 1888
  5. Wilson v. HentgesSupreme Court of Minnesota · 1879

3Cited by14 opinions

  1. State Ex Rel. Apt v. MitchellSupreme Court of Kansas · 1965
  2. Anderson v. ShannonSupreme Court of Kansas · 1937
  3. Deford v. Painter, SheriffSupreme Court of Oklahoma · 1895
  4. Layson v. GrangeSupreme Court of Kansas · 1892
  5. Adams v. AdamsSupreme Court of Missouri · 1904

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