Legal Opinion

Tillotson v. Millard

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 10 opinions

APPEAL FROM THE DISTRICT COURT OE FILLMORE COUNTY. This was an action brought by the Plaintiff to set aside a sale of the west half of the north-east quarter section 3, town ■102, range 10, made by defendant Pickett, as sheriff ofEillmore county, on an execution issued to him for a judgment in favor of Defendant, Millard, and against Plaintiff, at which sale Defendant, Butler, became the purchaser of said premises.

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APPEAL FROM THE DISTRICT COURT OE FILLMORE COUNTY. This was an action brought by the Plaintiff to set aside a sale of the west half of the north-east quarter section 3, town ■102, range 10, made by defendant Pickett, as sheriff ofEillmore county, on an execution issued to him for a judgment in favor of Defendant, Millard, and against Plaintiff, at which sale Defendant, Butler, became the purchaser of said premises. The issue in said action came on to be tried before his honor Thomas "Wilson, judge of said Court, at the term thereof holden in Preston in said county, on the third day of June…

1Opinion of the Court

By the, Gov/rt

Atwateb, J.

The word homestead in ordinary use has a popular and well understood meaning, which may be sufficiently accurately defined as the place of residence of the family. That is the prominent idea connected with the use of the word, a dwelling house being inseparably associated with the meaning of the word, in which the family of the owner resides, and connected. therewith a greater or less quantity of land. There can be no doubt but the Legislature in the exemption act have used the word in its ordinary acceptation, and have not intended it should receive any restricted or…

2Cases cited1 opinion

  1. Folsom v. CarliSupreme Court of Minnesota · 1861

3Cited by10 opinions

  1. McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
  2. Burwell v. TullisSupreme Court of Minnesota · 1867
  3. Hansen v. JonesOregon Supreme Court · 1910
  4. In Re EhrichUnited States Bankruptcy Court, D. Minnesota · 1990
  5. McFadden v. BlockerCourt Of Appeals Of Indian Territory · 1899

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