Quigley v. McEvony
Nebraska Supreme Court
Appeal from the district court of Holt county. Heard below before Bartow, J. See opinion for statement of the case. The testimony shows that appellees were not, at the time of levying the attachment, actually residing upon the property claimed to be a homestead, and had not been so residing thereon for more than four months previous to that time. Actual occupancy is necessary in order to make the homestead exemption available to a claimant.
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Appeal from the district court of Holt county. Heard below before Bartow, J. See opinion for statement of the case. The testimony shows that appellees were not, at the time of levying the attachment, actually residing upon the property claimed to be a homestead, and had not been so residing thereon for more than four months previous to that time. Actual occupancy is necessary in order to make the homestead exemption available to a claimant. The appellees cannot make the property the homestead after the levy of the attachment thereon so as to defeat the lien created thereby. (Kelly v. Dill, 23…
1Opinion of the CourtHarrison, J.
On the 24th day of February, 1890, the appellees filed a petition in the district court of Holt county, alleging that H. C. McEvony, of appellants, was sheriff of Holt county, Nebraska; the Holt County Bank, a corporation doing business at O’Neill, Nebraska; that on or about June 10, l>89p, the bank commenced an action against Sarah A. •Q,uigley. in .the district court of Holt county, and procured an order of attachment to be issued therein, which was delivered to the sheriff, McEvony, who, on the 11th day of Juke, 1890, levied the writ on lots 6, 7, and 8, in block 26j-O’Neill,' Nebraska;…
2Cases cited10 opinions
- Riggs v. SterlingMichigan Supreme Court · 1886
- Gayer v. H. W. Parker & SonNebraska Supreme Court · 1888
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- Edwards v. ReidNebraska Supreme Court · 1894
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3Cited by21 opinions
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