State Bank v. Carson
Nebraska Supreme Court
This was an action to foreclose a mortgage, executed by defendants, Wilcox and wife, upon certain property in Brownville, Nemeha county, on the third day of February, 1872. The defendant Carson answered, alleging that he was the owner of a judgment against the defendant Wilcox, and one Green, obtained in 1871, which was a lien upon the same premises; that execution was issued on said judgment in 1873, a levy made, and returned not sold for want of bidders; that at the time…
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This was an action to foreclose a mortgage, executed by defendants, Wilcox and wife, upon certain property in Brownville, Nemeha county, on the third day of February, 1872. The defendant Carson answered, alleging that he was the owner of a judgment against the defendant Wilcox, and one Green, obtained in 1871, which was a lien upon the same premises; that execution was issued on said judgment in 1873, a levy made, and returned not sold for want of bidders; that at the time of such levy, the Wilcoxes made no objection thereto, and made no claim that such real estate was exempt as a 1…
1Opinion of the CourtMaxwell, J.
The record presents but a single question for our determination. Does the lien of a judgment attach to a homestead?
In Hoyt v. Howe, 3 Wis., 758, the court held, “we think it clear, that if the lien attaches, and the effect of the statutes above recited is merely to exempt the homestead from forced sale, the property becomes subject to sale like any other property of the debtor: to hold the contrary would be to maintain that property, which is bound by, and subject toa judgment, and only exempted from sale to satisfy the judgment by means of its peculiar character, with the consent and act of…
2Cases cited6 opinions
- Rector v. RottonNebraska Supreme Court · 1874
- Porter v. GreenSupreme Court of Iowa · 1857
- Lamb v. ShaysSupreme Court of Iowa · 1863
- Hoyt v. HoweWisconsin Supreme Court · 1854
- Folsom v. CarliSupreme Court of Minnesota · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hansen v. JonesOregon Supreme Court · 1910
- McHugh v. SmileyNebraska Supreme Court · 1885
- State v. McColeryNebraska Supreme Court · 2018
- Schields v. HorbachNebraska Supreme Court · 1896
- Horbach v. SmileyNebraska Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.