Liebetrau v. Goodsell
Supreme Court of Minnesota
Plaintiff brought this action in the district court for McLeod county, to set aside a levy, sale and certificate of sale on execution, of certain real estate in that county, alleged to be his homestead. ■ The action was tried by Macdonald, J., whose findings of fact were, in substance, as follows: On February 19, 1877, the defendants recovered a judgment against the plaintiff, which was duly docketed ,on that day in McLeod county.
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Plaintiff brought this action in the district court for McLeod county, to set aside a levy, sale and certificate of sale on execution, of certain real estate in that county, alleged to be his homestead. ■ The action was tried by Macdonald, J., whose findings of fact were, in substance, as follows: On February 19, 1877, the defendants recovered a judgment against the plaintiff, which was duly docketed ,on that day in McLeod county. On February 28, 1878, execution issued thereon and was delivered to the sheriff, who, by virtue thereof, levied on the real estate in question, and sold the same,…
1Opinion of the CourtBerry, J.
In Kresin v. Mau, 15 Minn. 116, it was held that “to sustain the claim of the owner of land to hold the same as a homestead exempt from forced sale, his residence or dwelling-house must be, or must have been, situated thereon.” This rule was followed and applied in Kelly v. Dill, 23 Minn. 435. In the latter case it apjieared that one Gilmore purchased a piece of land for a homestead, and intending to make it such; that neither at the date of purchase, nor afterwards, did he own any other land or homestead, and that he had begun to make arrangements for moving upon the land, and living thereon…
2Cases cited2 opinions
- Kelly v. DillSupreme Court of Minnesota · 1877
- Kresin v. MauSupreme Court of Minnesota · 1870
3Cited by5 opinions
- Quehl v. PetersonSupreme Court of Minnesota · 1891
- Neumaier v. VincentSupreme Court of Minnesota · 1889
- Rusch v. LagermanSupreme Court of Minnesota · 1935
- In Re EstadUnited States Bankruptcy Court, D. Minnesota · 2003
- Randal v. ElderSupreme Court of Kansas · 1873