Paxton & Gallagher v. Sutton
Nebraska Supreme Court
Appeal from the district court of Chase county. Heard below before Weltv, J. References: Riddell v. Shirley, 5 Cal. 488; Randall v. Buffington, 10 Cal. 491; Pratt v. Burr, 5 Biss. [U. S.] 36; Bugg v. Russell, 75 Ga. 837; Wedgeioood v. Withers, 35 Neb. 583. A homestead is not liable for debts contracted before the homestead was purchased.
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Appeal from the district court of Chase county. Heard below before Weltv, J. References: Riddell v. Shirley, 5 Cal. 488; Randall v. Buffington, 10 Cal. 491; Pratt v. Burr, 5 Biss. [U. S.] 36; Bugg v. Russell, 75 Ga. 837; Wedgeioood v. Withers, 35 Neb. 583. A homestead is not liable for debts contracted before the homestead was purchased. (Ilanlon v. Pollard, 17 Neb. 368; Palmer v. Halves, 50 N. W. Rep. [Wis.] 341; Jacobi v. Parkland Distilling Go., 43 N. W. Rep. [Minn.] 52; Dortch v. Benton, 3 S. E. Rep. [N. Car.] 638; Tucker v. Drake, 11 Allen [Mass.] 145; O’Donnell v. Segar, 25 Mich. 367;…
1Opinion of the Court
Irvine, C.
Jonathan J. Sutton was engaged in the mercantile business at Aurora, in Hamilton county. On February 21, 1893, he was indebted to the plaintiffs in divers amounts for goods sold to him to replenish his stock. On that day he exchanged his stock of goods for 160 acres of land in Chase county. The title to 80 acres was taken in himself and to the remaining 80 in his wife. On March 6, 1893, he removed upon the land and has since been occupying it as a homestead. The plaintiffs very promptly reduced their claims to judgment, and on March 6 filed transcripts of their several judgments in…
2Cases cited7 opinions
- O'Donnell v. SegarMichigan Supreme Court · 1872
- Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
- Jones v. WiltonCalifornia Supreme Court · 1938
- Comstock v. BechtelWisconsin Supreme Court · 1885
- Cipperly v. RhodesIllinois Supreme Court · 1870
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- Tomlinson v. Kandiyohi County BankSupreme Court of Minnesota · 1925
- McConnell v. WolcottSupreme Court of Kansas · 1904
- Metz v. WilliamsSupreme Court of Kansas · 1939
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