Legal Opinion

Secombe v. Borland

Supreme Court of Minnesota

Decided November 14, 1885PublishedCited by 1 opinion

The St. Paul & Northern Pacific Bailway Company having condemned the land in question, plaintiff brought this action in the district court for Hennepin county, against the railway company and the defendant Borland, to determine who is entitled to the compensation awarded in the condemnation proceedings.

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The St. Paul & Northern Pacific Bailway Company having condemned the land in question, plaintiff brought this action in the district court for Hennepin county, against the railway company and the defendant Borland, to determine who is entitled to the compensation awarded in the condemnation proceedings. Both plaintiff and defendant Borland claim title from one Werdick, plaintiff under an execution sale upon a judgment against Werdick, and defendant under a deed from Werdick made subsequent to the docketing of the judgment; the defendant also claimed that the property was Wer-dick’s homestead,…

1Opinion of the CourtGilfillan, C. J.

The ease turns on the right to hold as a homestead a piece of land sold on execution sale. The piece sold was part of a larger tract occupied as a homestead by the execution debtor, and the whole of which was exempt, if he owned it within the meaning of the homestead law. A part of the larger tract (not the part sold) was designated as “Lot 10.” To this the debtor’s only claim of title was through an invalid tax sale, while he was owner of the remainder of the tract. The finding of the court below states that this lot 10 lay between the dwelling-house and out-buildings of the debtor and the…

2Cited by1 opinion

  1. In Re PriebeUnited States Bankruptcy Court, D. Minnesota · 1987

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