Smith v. Richards
Idaho Supreme Court
APPEAL from District Court, Oneida County. The lien of a judgment gives to the judgment creditor a vested right of property in the land to which it attaches. (Gunn v. Barry, 15 Wall. 622; Edwards v. Kearzey, 96 H. S. 595.) Neither occupancy, where that alone is necessary, nor recording a declaration of homestead, where that is required, will in any way affect or modify a judgment lien.
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APPEAL from District Court, Oneida County. The lien of a judgment gives to the judgment creditor a vested right of property in the land to which it attaches. (Gunn v. Barry, 15 Wall. 622; Edwards v. Kearzey, 96 H. S. 595.) Neither occupancy, where that alone is necessary, nor recording a declaration of homestead, where that is required, will in any way affect or modify a judgment lien. (Thompson on Homesteads and Exemptions, secs. 317, 318; Kelly v. Dill, 23 Minn. 435; Bullene v. Iiiaii, 12 Kan. 98; Robinson v. Wilson, 15 Kan. 595, 22 Am. Rep. 272; Bartholomew v. Hook, 23 Cal. 278; Rix. v.…
1Opinion of the CourtLogan, J.
This is an action brought by the plaintiff against the defendants in ejectment. The action arose in Oneida county, and the same was tried upon an agreed state of facts. It appears from the findings of the court that on the seventeenth day of July, 1883, the plaintiff recovered a judgment against the defendant E. T. Richards, in the probate court of Oneida county; that on the same day an abstract thereof, made in conformity with the requirements of section 608 of the then Code of Civil Procedure of Idaho, was filed and docketed in the office of the clerk of the district court of the third…
2Cases cited8 opinions
- Estate of WalleyNevada Supreme Court · 1876
- Hawthorne v. SmithNevada Supreme Court · 1867
- Kelly v. DillSupreme Court of Minnesota · 1877
- Robinson v. WilsonSupreme Court of Kansas · 1875
- Lachman v. WalkerNevada Supreme Court · 1880
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3Cited by6 opinions
- White v. StumpSupreme Court of the United States · 1924
- Hookway v. ThompsonWashington Supreme Court · 1909
- Hansen v. JonesOregon Supreme Court · 1910
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1898
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.