Jones v. Dow
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth, County. . Foreclosure of a mortgage, executed in 1856. The mortgaged premises consisted of two parcels of land in the village of Whitewater, one of them a business lot and the other a lot occupied by the mortgagor, Dow, as his homestead. Before the sale, the defendant Dow served upon the sheriff a written demand that he offer for sale first the business lot, on the ground that he claimed the other as his homestead.
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APPEAL from tbe Circuit Court for Walworth, County. . Foreclosure of a mortgage, executed in 1856. The mortgaged premises consisted of two parcels of land in the village of Whitewater, one of them a business lot and the other a lot occupied by the mortgagor, Dow, as his homestead. Before the sale, the defendant Dow served upon the sheriff a written demand that he offer for sale first the business lot, on the ground that he claimed the other as his homestead. The homestead was bid off at the sale, to the plaintiff, for $1779.12, the amount of the judgment and costs of sale, and the business…
1Opinion of the Court
By the Court,
DixoN, C. J.
However just and reasonable it might be for the court to compel a sale of the business lot first, and thus save the homestead, if that were the only question, yet we think Bow’s equity to hold his homestead fully countervailed by the equities of his creditors, who must look to the business lot for their satisfaction, and who have no lien upon the homestead. Until the legislature shall have declared the obligation to preserve the homestead superior to that of paying one’s honest debts, we must hold the equity of the creditor at least equal to that of the debtor in…
2Cited by10 opinions
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- Miller v. McCartySupreme Court of Minnesota · 1891
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