Legal Opinion

Casselman v. Packard

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 10 opinions

APPEAL from tbe Circuit Court for Monroe County. This action was instituted to set aside a sheriff’s sale of certain portioDS of a village lot, situated in Sparta, Monroe county, owned by tbe plaintiff, and claimed by him as exempt from forced sale on execution; and to prevent the execution of a sheriff’s deed in pursuance of such sale.

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APPEAL from tbe Circuit Court for Monroe County. This action was instituted to set aside a sheriff’s sale of certain portioDS of a village lot, situated in Sparta, Monroe county, owned by tbe plaintiff, and claimed by him as exempt from forced sale on execution; and to prevent the execution of a sheriff’s deed in pursuance of such sale. The plaintiff obtained the relief which he sought for, by the judgment of the circuit court, and two of the defendants, the judgment creditors, at whose instance the sale in question was made, excepted to the decision of the circuit court, and appealed from…

1Opinion of the Court

By the Court,

Cole, J.

In this case there is a contest as to the extent of the exemption. The property is situated in the village of Sparta, Monroe county. The land does not exceed in quantity, a quarter of an acre. There are situated upon it, besides the dwelling house in which the respondent resideá with his family, various other buildings, which are used and occupied for stores, ware-rooms, shops, school-rooms, offices, &c. The respondent rents those buildings for those purposes, and claims that the privilege of the homestead exemption applies to them. The circuit court sustained this view…

2Cases cited2 opinions

  1. Phelps v. RooneyWisconsin Supreme Court · 1859
  2. Phelps v. RooneyWisconsin Supreme Court · 1860

3Cited by10 opinions

  1. Ashton v. IngleSupreme Court of Kansas · 1878
  2. Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
  3. Anderson v. ShannonSupreme Court of Kansas · 1937
  4. In Re EvansUnited States Bankruptcy Court, D. Vermont · 1985
  5. Deford v. Painter, SheriffSupreme Court of Oklahoma · 1895

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