Hewett v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The plaintiff, having recovered judgment against the defendant Allen, and having issued execution thereon, proceeded by garnishment against Campbell in aid of his'execution to reach a certain promissory note in his hands belonging to Allen. Both the defendant-and the garnishee answered that the note was exempt from seizure on execution. Issue was taken on these answers.
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APPEAL from the Circuit Court for Wood County. The plaintiff, having recovered judgment against the defendant Allen, and having issued execution thereon, proceeded by garnishment against Campbell in aid of his'execution to reach a certain promissory note in his hands belonging to Allen. Both the defendant-and the garnishee answered that the note was exempt from seizure on execution. Issue was taken on these answers. The issue was tried, and the circuit judge found as facts that the note was given as part of the price of Allen's homestead in Clark county, theretofore sold and conveyed by him…
1Opinion of the CourtLyon, J.
The statute provides that the exemption of a homestead shall not be impaired by a sale thereof, but such exemption “shall extend to the proceeds derived from such sale, while held with the intention to procure another homestead therewith, for a period not exceeding two years.” K. S. pj 783, sec. 2983.
The note being proceeds derived from the sale of the judgment debtor’s homestead less than two years before the garnishee action was brought, and the same being held by him with the intention to procure another homestead therewith, the only question in the case is, Was his right to hold the same…
2Cases cited1 opinion
- Lowe v. StringhamWisconsin Supreme Court · 1861
3Cited by5 opinions
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Kinzer v. StephensSupreme Court of Iowa · 1903
- Kapernick v. LoukWisconsin Supreme Court · 1895
- Bailey v. SteveWisconsin Supreme Court · 1887
- Hughes v. NewtonCourt of Appeals for the Seventh Circuit · 1898