Williams v. Moody
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Lyon county, to restrain the defendants from foreclosing a mortgage by advertisement. The action was tried, without a jury, by Webber, J., who found the following to be the facts, viz.: Prior to the spring of 1881, one Mathews was the owner of an eighty-acre tract of land, to -which he had acquired title under the homestead law, and which he ‘Occupied with his wife as a homestead.
Read the full summary
The plaintiff brought this action in the district court for Lyon county, to restrain the defendants from foreclosing a mortgage by advertisement. The action was tried, without a jury, by Webber, J., who found the following to be the facts, viz.: Prior to the spring of 1881, one Mathews was the owner of an eighty-acre tract of land, to -which he had acquired title under the homestead law, and which he ‘Occupied with his wife as a homestead. In the spring of 1881 Mathews with his wife removed from the land, he having no intention of returning; and he never thereafter resided upon the land,…
1Opinion of the CourtBeeby, J.
Mathews, owning the land in controversy, and no other, ■and together with his wife residing upon and occupying the same as •a homestead, removed therefrom with his wife prior to May 25,1881. At the time of removal he had no intention of returning to reside upon -the land and never afterwards resided thereon, although he and his wife continued to cultivate it, or a portion of it, during 1881,1882, and 1883. On May 25, 1881, he alone executed a mortgage of the land to defendant Moody. The question is whether, on the foregoing facts, the mortgage is valid as against any homestead right of…
2Cases cited10 opinions
- Campbell v. AdairMississippi Supreme Court · 1871
- Fyffe v. BeersSupreme Court of Iowa · 1864
- McMillan v. WarnerTexas Supreme Court · 1873
- Johnston v. TurnerSupreme Court of Arkansas · 1874
- Donaldson v. LampreySupreme Court of Minnesota · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clark v. DeweySupreme Court of Minnesota · 1898
- Arp v. JacobsWyoming Supreme Court · 1891
- Kramer v. LambSupreme Court of Minnesota · 1901
- Stewart v. RhoadesSupreme Court of Minnesota · 1888
- Cysewski v. SteingraberSupreme Court of Minnesota · 1946
3 more not listed; retrieve them via the Exa API.