Axtell v. Warden
Nebraska Supreme Court
Error to the district court for Jefferson county. Tried below before Weaver, J. This plaintiff was within the statutory provisions. He was, it is true, the owner of various parcels of land in that county, but as none was subject to exemption as a homestead under the laws of this state, he stood in the same position as though he had no lands, town lots, etc. A government “homestead” is a very different thing from a “ homestead ” under the laws of this state.
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Error to the district court for Jefferson county. Tried below before Weaver, J. This plaintiff was within the statutory provisions. He was, it is true, the owner of various parcels of land in that county, but as none was subject to exemption as a homestead under the laws of this state, he stood in the same position as though he had no lands, town lots, etc. A government “homestead” is a very different thing from a “ homestead ” under the laws of this state. It is not of the same nature or quality. It does not proceed from the same source, and a government homesteader does not and cannot claim…
1Opinion of the Court
Gantt, Oh. J.
Upon a judgment lie obtained against the plaintiff in error, in the district court of the county, the defendant in error caused an execution to be issued, by virtue of which the sheriff levied on personal property of the plaintiff, on the 26th of June, 1876, and afterwards sold the same.
By an agreed statement of facts, it is admitted that the plaintiff is the head of a family, and that he filed an inventory of his personal property, as required by law, for the purpose of availing himself of the exemptions under section 521 of the civil code. It is also admitted that at the time…
2Cases cited1 opinion
- Bellinger v. WhiteNebraska Supreme Court · 1877
3Cited by5 opinions
- Carroll v. PatrickNebraska Supreme Court · 1888
- Stout v. RappNebraska Supreme Court · 1885
- Schlake v. HealeyNebraska Supreme Court · 1922
- Widemair v. WoolseyNebraska Supreme Court · 1898
- State ex rel. Hilton v. TownsendNebraska Supreme Court · 1885