West v. Ward
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Foreclosure of a mortgage of land, executed by the defendants Josiah Ward and J. P. Butterfield to secure their note. Besides the mortgagors, one Lockman, who claimed under them by deed subsequent to the mortgage, was made defendant, with his wife.
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APPEAL from the Circuit Court for Iowa County. Foreclosure of a mortgage of land, executed by the defendants Josiah Ward and J. P. Butterfield to secure their note. Besides the mortgagors, one Lockman, who claimed under them by deed subsequent to the mortgage, was made defendant, with his wife. The defense was that one Georgia A. Ward was, at the date of the mortgage, and still continued to be, the wife of said Josiah Ward; that at the time the mortgage was made, Josiah Ward owned in fee simple an undivided one-half of the mortgaged premises, and was then living and still continued to live on…
1Opinion of the CourtPaine, J.
A careful examination of the homestead law seems to lead necessarily to the conclusion, that an undivided interest in real estate is not as such susceptible of such an ownership and occupancy as the law contemplates in order to constitute a homestead. The occupant need not have a perfect title; but whatever his interest may be, the occupancy, in order to constitute a homestead, must be of some specific portion, capable of being set apart by metes and bounds, and thus separated from that which is not exempt.
The law allows the owner to select the portion he will claim as a homestead. It…
2Cases cited1 opinion
- Wolf v. FleischackerCalifornia Supreme Court · 1855
3Cited by16 opinions
- Smith v. ChenaultTexas Supreme Court · 1878
- Russell v. LennonWisconsin Supreme Court · 1876
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Dallemand v. MannonColorado Court of Appeals · 1894
- In Re BlodgettDistrict Court, E.D. Wisconsin · 1953
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