Robertson v. Sullivan
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Stearns county to restrain the defendant Mickley, sheriff of that county, from selling a certain described lot of land in that county upon which he had levied an execution issued on a judgment in favor of defendant Sullivan and against one Oscar E. Garrison, the plaintiff’s grantor, the. judgment having been docketed prior to the conveyance to plaintiff.
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Plaintiff brought this action in the district court for Stearns county to restrain the defendant Mickley, sheriff of that county, from selling a certain described lot of land in that county upon which he had levied an execution issued on a judgment in favor of defendant Sullivan and against one Oscar E. Garrison, the plaintiff’s grantor, the. judgment having been docketed prior to the conveyance to plaintiff. The plaintiff prayed also that the judgment be declared to be not a lien upon the lot, etc., alleging that the lot, while owned by Garrison, was his homestead. The action was tried by…
1Opinion of the CourtBerry, J.
For ten years prior to June 5, 1882, one Garrison owned a lot in the city of St. Cloud containing less than one-quarter of an acre, together with the dwelling-house and out-buildmgs thereon. During all that time he (except as hereinafter stated) and his wife (the two comprising the whole family) continuously resided thereon. In May, 1881, under the United States homestead law, he selected, and made application for the entry of, a quarter-section of land in Crow Wing county, and at the time of entry made the usual affidavit that he took said homestead for the purpose of actual settlement and…
2Cases cited2 opinions
- Donaldson v. LampreySupreme Court of Minnesota · 1881
- Savings Bank v. KennedySupreme Court of Iowa · 1882
3Cited by4 opinions
- Millett v. PearsonSupreme Court of Minnesota · 1919
- Arp v. JacobsWyoming Supreme Court · 1891
- Stewart v. RhoadesSupreme Court of Minnesota · 1888
- Bowers v. NortonSupreme Court of Minnesota · 1928