Nickerson v. Crawford
Supreme Court of Minnesota
Action in ejectment in the district court for Sherburne county. The case was submitted upon an agreed statement of facts, which was adopted by the findings. From a judgment for defendants entered pursuant to an order of Lancaster, J., plaintiffs appealed. Const, art. 1, § 12, confers the right to sell the homestead for any debt that is contracted for its improvement, but does not point out the way in which it shall be sold.
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Action in ejectment in the district court for Sherburne county. The case was submitted upon an agreed statement of facts, which was adopted by the findings. From a judgment for defendants entered pursuant to an order of Lancaster, J., plaintiffs appealed. Const, art. 1, § 12, confers the right to sell the homestead for any debt that is contracted for its improvement, but does not point out the way in which it shall be sold. The effect of this constitutional provision is to abolish the whole right of homestead when the debt is for improvements, and leave it as if there was no homestead right…
1Opinion of the CourtMitchell, J.
The defendant Mary Jane Crawford was the owner of 80 acres of land, which she occupied, and still occupies, as a homestead. In 1891 she purchased from the plaintiffs a quantity of lumber for the purpose of erecting, and which was actually used in erecting, a dwelling house on the premises. For the purchase price of the lumber she executed to the plaintiffs two promissory notes. One of these notes the plaintiffs discounted at a bank, guarantying .payment. When this note matured, it was renewed by defendant giving a new note, indorsed by the plaintiffs, and payable to the bank. This note was…
2Cases cited6 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Greeno v. BarnardSupreme Court of Kansas · 1877
- Kelly v. DillSupreme Court of Minnesota · 1877
- Hurd v. G. C. Hixon & Co.Supreme Court of Kansas · 1882
- Langevin v. BloomSupreme Court of Minnesota · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hasey v. McMullenSupreme Court of Minnesota · 1909
- Gregory Co. v. CaleSupreme Court of Minnesota · 1911
- Wallace T. Bruce, Inc. v. NajarianSupreme Court of Minnesota · 1957
- Curran v. NashSupreme Court of Minnesota · 1947
- Brown v. HughesSupreme Court of Minnesota · 1903
13 more not listed; retrieve them via the Exa API.