Paulson v. Hurlburt
Oregon Supreme Court
From Multnomah.: Robert -Tucker, Judge. Department 2. The defendant Hurlburt is sheriff of Multnomah County. The plaintiff is the owner of a lot in Irving-ton and the dwelling constructed thereon and resides there with her family, their actual physical occupation of the premises as their home having commenced on Thanksgiving Day of 1914. She wás the owner and holder of the legal title of the property at the time the construction of the residence mentioned began, and…
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From Multnomah.: Robert -Tucker, Judge. Department 2. The defendant Hurlburt is sheriff of Multnomah County. The plaintiff is the owner of a lot in Irving-ton and the dwelling constructed thereon and resides there with her family, their actual physical occupation of the premises as their home having commenced on Thanksgiving Day of 1914. She wás the owner and holder of the legal title of the property at the time the construction of the residence mentioned began, and continued as such owner except as the title thereto is affected, by a conveyance to W. J. Clemens on December 30, 1914, which…
1Opinion of the CourtBurnett, J.
1. The question to he determined is whether or not the owner of realty, being a member of family living in a dwelling erected on the land, can claim homestead as against an execution issued on a decree foreclosing liens for labor and material furnished in the erection of the house into which the owner moved and took up her residence with her family prior to foreclosure. It is not necessary to decide what would result if she had not occupied the dwelling until after issuance of execution, for that is not the aspect of this case.
There are two lines of authority. Those’precedents relied upon by…
2Cases cited35 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Stone v. DarnellTexas Supreme Court · 1857
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Hawthorne v. SmithNevada Supreme Court · 1867
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3Cited by6 opinions
- Sterling National Bank v. FrancisSupreme Court of Colorado · 1925
- Gembler v. City of SewardNebraska Supreme Court · 1939
- Crim v. ThompsonOregon Supreme Court · 1924
- Wendler v. BrennemanDistrict Court, D. Alaska · 1923
- In Re Laughlin's EstateOregon Supreme Court · 1943
1 more not listed; retrieve them via the Exa API.