Legal Opinion

Towne v. Rumsey

Wyoming Supreme Court

Decided March 14, 1894PublishedCited by 17 opinions

ERROR to District "Court for: Carbon County. Hon. Jesse Knight, Judge. : Action by Janies M- Rumséy,- Jr., -against Marcus M. Towne, John H; Symons and Frank A. Hadsell, sheriff, to enjoin the sale upon éxeciition of" certain real- estate levied upon as the "property of William L. -Ash. ■ Judgment for plaintiff. Defendants- :prosecute error.."

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ERROR to District "Court for: Carbon County. Hon. Jesse Knight, Judge. : Action by Janies M- Rumséy,- Jr., -against Marcus M. Towne, John H; Symons and Frank A. Hadsell, sheriff, to enjoin the sale upon éxeciition of" certain real- estate levied upon as the "property of William L. -Ash. ■ Judgment for plaintiff. Defendants- :prosecute error.." All the material-facts are' stated in the opinion. ■;"' Under the "laws" of -Wyoming the homestead -right is-a privilege'which depends tipon the" family relation not only for its origin^ but for "its continued existence; and the-death of the ■wife,…

1Opinion of the Court

Gkoesbeok, Chief Justioe.

The facts disclosed by the record are substantially as follows: In 1883 William L. Ash, a married mán, became the owner of the premises in question and continued in the ownership thereof until November 19, 1889, when he sold the same to Rumsey, the defendant in error.

Ash was a bona fide resident of Rawlins, Wyoming, the town in which the premises are situate, and, together with his wife, occupied the premises as a home from 1883 until June 33, 1885, when his wife died. After her death, Ash, who had no children then living, continued to live upon the premises until…

2Cases cited2 opinions

  1. Stults v. SaleCourt of Appeals of Kentucky · 1891
  2. Kimbrel v. WillisIllinois Supreme Court · 1881

3Cited by17 opinions

  1. White v. Board of Land CommissionersWyoming Supreme Court · 1979
  2. Rennard v. VollmarWyoming Supreme Court · 1999
  3. Weaver v. First National BankSupreme Court of Kansas · 1907
  4. Fullerton v. SherrillSupreme Court of Iowa · 1901
  5. King v. WhiteWyoming Supreme Court · 1972

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