Spitley v. Frost
District Court, D. Nebraska
In Equity. Upon rehearing. The controlling question in this case is whether the sale of the real estate in controversy, under the judgment of this court, in a case in which John I. Eedick -was plaintiff, and the respondent, George W. Frost, alone, was defendant, rendered in a suit in attachment, was a valid sale.
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In Equity. Upon rehearing. The controlling question in this case is whether the sale of the real estate in controversy, under the judgment of this court, in a case in which John I. Eedick -was plaintiff, and the respondent, George W. Frost, alone, was defendant, rendered in a suit in attachment, was a valid sale. The premises had been levied upon by writ of attachment at the commencement of the suit, and upon final hearing there was judgment, with an order for the sale of the attached property under a special execution. The contention of the respondents George W. Frost and wife, in .the…
1Opinion of the CourtMcCbaby, J.
Upon the former hearing it was assumed that the question whether the premises in controversy were exempt as the homestead of respondents Frost and wife was a question arising under the provisions of an act of the legislature of Nebraska entitled “An act to exempt homesteads from judicial sale,” approved February 19, 1877; and as that act vested the homestead right in the husband and wife jointly, and expressly provided that no conveyance or incumbrance of the homestead should be of any validity unless executed by both, it was held that the wife was a necessary party to any proceeding to…
2Cases cited6 opinions
- Parker v. OvermanSupreme Court of the United States · 1856
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Rector v. RottonNebraska Supreme Court · 1874
- Eaton v. RyanNebraska Supreme Court · 1876
- New Orleans Railroad v. MorganSupreme Court of the United States · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Moore v. HornerIndiana Supreme Court · 1896
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- In re MileyDistrict Court, N.D. West Virginia · 1911