Smith v. Omans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. In 1858, one Eichards, in an action against Jacob Omans for an assault and battery, obtained judgment for $1,000 damages. Execution was issued on the judgment, under which the sheriff levied on and sold certain land belonging to said Omans, for which a deed was issued to the purchasers, Smith and Lander, in May, 1861. The grantees in said deed then com- . menced the present action to recover possession of the land.
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APPEAL from the Circuit Court for Dodge County. In 1858, one Eichards, in an action against Jacob Omans for an assault and battery, obtained judgment for $1,000 damages. Execution was issued on the judgment, under which the sheriff levied on and sold certain land belonging to said Omans, for which a deed was issued to the purchasers, Smith and Lander, in May, 1861. The grantees in said deed then com- . menced the present action to recover possession of the land. The defense was, that the land was the defendant’s homestead at the time said judgment was rendered, and said levy made. The circuit…
1Opinion of the Court
By the Court,
PAINE, J.
The only question which it is necessary to determine in this case is, whether the homestead of the judgment debtor is liable to forced sale on execution where the judgment was rendered in an action of tort ? We are fully satisfied that it is not, but that the spirit and object, as well as the letter, of our constitutional and statutory provisions on this subject, exempt the homestead from sale on a judgment in .. any civil action. The principal argument to the contrary is based upon the use of the words “ debt,” “ debtor ” and “ contracted ” in the constitution and the…
2Cited by9 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- In re HarperDistrict Court, N.D. New York · 1910
- Warsco v. Oshkosh Savings & Trust Co.Wisconsin Supreme Court · 1926
- Wilcox v. HemmingWisconsin Supreme Court · 1883
- Mertz v. BerryMichigan Supreme Court · 1894
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