Bailey v. Steve
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that December 26, 1885, John Steve, the defendant, owned and occupied, with his wife and children, as a homestead, forty acres of land, about eight miles from Appleton; that on that day he sold -it for $1,800, of which he received $400 down, and a mortgage back to secure the payment of $1,400 in fourteen annual payments of…
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APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that December 26, 1885, John Steve, the defendant, owned and occupied, with his wife and children, as a homestead, forty acres of land, about eight miles from Appleton; that on that day he sold -it for $1,800, of which he received $400 down, and a mortgage back to secure the payment of $1,400 in fourteen annual payments of $100, evidenced by so many notes; that soon after, he with his family moved to' Appleton, bought a vacant lot in that…
1Opinion of the CourtCassoday, J.
The only question presented is whether the defendant’s interest in the notes and mortgage, which Avere “proceeds derived from” the sale of his homestead. Avas exempt for the period of “ two years,” as provided by sec. 2983, R. S. It certainly Avas exempt if “ held with'the *318intention to procure another homestead therewith,” during that period. Ibid. The same is true if intended to be used during that time in. completing or improving such new homestead. We think the circuit court was justified in finding that such interest was held with such intent. The case comes squarely within the spirit and…
2Cases cited3 opinions
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Binzel v. GroganWisconsin Supreme Court · 1886
- Hewett v. AllenWisconsin Supreme Court · 1882
3Cited by1 opinion
- Christensen v. BeebeUtah Supreme Court · 1907