Corey v. Schuster, Hingston & Co.
Nebraska Supreme Court
' Appeal from the district court of York county. Heard below before Bates, J. The fact's are stated in the opinion by Commissioner Ragan. An action quia timet to declare a judgment not to be a lien on property claimed as a homestead and to debar the creditor from claiming such lien cannot be maintained by a judgment debtor, nor by any one, while the judgment debtor remains the owner of the property.
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' Appeal from the district court of York county. Heard below before Bates, J. The fact's are stated in the opinion by Commissioner Ragan. An action quia timet to declare a judgment not to be a lien on property claimed as a homestead and to debar the creditor from claiming such lien cannot be maintained by a judgment debtor, nor by any one, while the judgment debtor remains the owner of the property. The property in controversy does not possess the essential characteristics of a homestead. (Garrett v. Jones, 10 So. Rep. [Ala.], 702; Rhodes v. McCormick, 4 la., 368.) If the property ever was a…
1Opinion of the Court
Ragan, C.
On the 25th day of November, 1892, Alfred G. Corey and Mary C. Corey brought this action in the district court *272of York county, making Schuster, Hingston & Co. and Plummer, Perry & Co. defendants thereto. The Coreys in their petition alleged that they were husband and wife, residents and citizens of the state of Nebraska, had a family of five children; that they were the owners in fee-simple of lot 23, in block 48, in the town of McCool Junction, in said York county ; that said real estate consisted of one lot and a dwelling house and out-buildings thereon, all of the value of not to…
2Cases cited10 opinions
- Frost v. SpitleySupreme Court of the United States · 1887
- Phelps v. HarrisSupreme Court of the United States · 1880
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Sanxay v. HungerIndiana Supreme Court · 1873
- City of Hartford v. ChipmanSupreme Court of Connecticut · 1852
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3Cited by33 opinions
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- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Minnesota Stoneware Co. v. McCrossenWisconsin Supreme Court · 1901
- Harris v. RaySupreme Court of Arkansas · 1913
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