Donaldson v. Lamprey
Supreme Court of Minnesota
The plaintiff, Eobert S. Donaldson, was the owner of certain land in Dakota county, for which defendant holds a sheriff’s certificate of sale on execution against Donaldson. This action was brought in the district court for that county, to remove the cloud upon the title to the lands occasioned by this certificate of sale, plaintiffs claiming the land as a homestead.
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The plaintiff, Eobert S. Donaldson, was the owner of certain land in Dakota county, for which defendant holds a sheriff’s certificate of sale on execution against Donaldson. This action was brought in the district court for that county, to remove the cloud upon the title to the lands occasioned by this certificate of sale, plaintiffs claiming the land as a homestead. The action was tried, without a jury, by Crosby, J., who ordered judgment for plaintiffs, and defendant appeals from an order refusing a new trial. There has been no removal from the premises such as would be necessary to…
1Opinion of the CourtMitchell, J.
Action to set aside a certificate of sale on execution of certain real estate in Dakota county. The ground upon which this *19relief is sought is that the land in question was, at the time of the execution sale, — December 6,1879, — the homestead of the plaintiffs, and hence exempt. The authorities all concur in holding that when, by unequivocal abandonment, the former owner of a homestead has evinced his intention of no longer treating it as his homestead, his right of exemption is lost, and that the fact of abandonment may be conclusively proved by the fact that the owner has removed and…
2Cases cited1 opinion
- Jarvais v. MoeWisconsin Supreme Court · 1875
3Cited by18 opinions
- Somers v. SomersSouth Dakota Supreme Court · 1911
- First National Bank of Mankato v. WilsonSupreme Court of Minnesota · 1951
- Clark v. DeweySupreme Court of Minnesota · 1898
- O'BRIEN v. JohnsonSupreme Court of Minnesota · 1967
- Quehl v. PetersonSupreme Court of Minnesota · 1891
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