Legal Opinion

Seamans v. Carter

Wisconsin Supreme Court

Decided October 11, 1862PublishedCited by 18 opinions

APPEAL from the County Court for Sock County. This was an action to restrain tbe defendants from selling certain land of tbe plaintiff upon execution. Judgment for tbe plaintiff. Tbe question at issue is sufficiently stated by tbe court.

1Opinion of the Court

By the Court,

Paine, J.

In Hoyt vs. Howe, 3 Wis., 765, tbis court beld that under tbe homestead exemption law, as it then stood, a judgment against tbe owner became a lien on tbe homestead, which might be enforced by a sale whenever the property ceased to be a homestead. While that law was in force, a judgment was rendered against a party who afterward sold his homestead to the plaintiff in this suit. After such sale, the owner of the judgment was proceeding to sell on execution, and this suit was brought to restrain him. The question is, whether chap. 187, Gen. Laws of 1858, (R. S., p. 798),…

2Cases cited1 opinion

  1. Hoyt v. HoweWisconsin Supreme Court · 1854

3Cited by18 opinions

  1. State v. GrantSupreme Court of Missouri · 1883
  2. Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
  3. State ex rel. Davis & Starr Lumber Co. v. PorsWisconsin Supreme Court · 1900
  4. Chicago Title & Trust Co. v. BashfordWisconsin Supreme Court · 1904
  5. Gage v. NeblettTexas Supreme Court · 1882

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