Binzel v. Grogan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff recovered a judgment against the defendant, and issued execution thereon, which was returned unsatisfied. He then commenced a supplementary proceeding before a court commissioner, and the defendant appeared before that officer, pursuant to an order in that behalf, and made answer concerning his property.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff recovered a judgment against the defendant, and issued execution thereon, which was returned unsatisfied. He then commenced a supplementary proceeding before a court commissioner, and the defendant appeared before that officer, pursuant to an order in that behalf, and made answer concerning his property. This was in March, 1885. His answer disclosed that he had theretofore owned some land at the railroad station of Sullivan, in Jefferson county, on which was situated a hotel building and outhouses. The quantity of land was…
1Opinion of the CourtLyoN, J.
If the real estate which the defendant owned at Sullivan station was bis homestead, the proceeds thereof remaining in his hands when he answered in the supplementary proceedings were exempt from seizure, and he could not lawfully be compelled to pay the plaintiff’s judgment out of the same. That he constantly intended to use as much as $1,400 of such proceeds in the purchase of another homestead, satisfactorily appears from the uncon-troverted statements in his answer. This renders the money exempt by virtue of the statute if the Sullivan property was a homestead. E. S. sec. 2983. That he…
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