Scofield v. Hopkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. The case is thus stated by Mr. Justice Cassoday: “ This is au action to vacate and set aside the levy, sale, and certificate of sale of the lands in question, and to enjoin the-execution of a deed thereon, on the grounds that the lands were the plaintiff’s homestead and exempt from such, levy and sale.
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APPEAL from the Circuit Court for Boole County. The case is thus stated by Mr. Justice Cassoday: “ This is au action to vacate and set aside the levy, sale, and certificate of sale of the lands in question, and to enjoin the-execution of a deed thereon, on the grounds that the lands were the plaintiff’s homestead and exempt from such, levy and sale. The defendants admit that the plaintiff acquired title to the land, November 4, 1881, but deny that it was a homestead, and justify the levy and sale under a judgment, transcript, and execution. “ On the trial the court found in effect, as matters…
1Opinion of the CourtCassoday, J.
All the findings of fact seem to be sustained by the evidence except one. There is no evidence that prior to the sale the plaintiff notified the defendants, or any of them, that he claimed the premises as his homestead. There is a class of cases holding that a failure to make such claim at or prior to the sale on execution of certain kinds of personal property is a waiver of the exemption. Zielke v. Morgan, 50 Wis. 560; Wicker v. Comstock, 52 Wis. 315; Moffitt v. Adams, 60 Iowa, 44. That class of cases is not applicable here. There is nothing indicating that the plaintiff was present at or…
2Cases cited10 opinions
- Edwards v. FrySupreme Court of Kansas · 1872
- Reske v. ReskeMichigan Supreme Court · 1883
- Bennett v. ChildWisconsin Supreme Court · 1865
- Wicker v. ComstockWisconsin Supreme Court · 1881
- Zielke v. MorganWisconsin Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Moore v. SmeadWisconsin Supreme Court · 1895
- Kingman v. O'CallaghanSouth Dakota Supreme Court · 1894
- Kimball v. SalisburyUtah Supreme Court · 1898
- Kimball v. SalisburyUtah Supreme Court · 1899
- Papenthien v. CoerperWisconsin Supreme Court · 1924
27 more not listed; retrieve them via the Exa API.