Legal Opinion

Chopin v. Runte

Wisconsin Supreme Court

Decided January 7, 1890PublishedCited by 4 opinions

APPEAL from the Circuit Court for Outagamie County. Action to compel specific performance of a contract, made September 1, 1880, by which one,N. M. Edwards agreed to convey to the plaintiff John Chopin a certain lot in the city of Kaukauna on payment by Chopin of $200, $50'of which was paid down.

Read the full summary

APPEAL from the Circuit Court for Outagamie County. Action to compel specific performance of a contract, made September 1, 1880, by which one,N. M. Edwards agreed to convey to the plaintiff John Chopin a certain lot in the city of Kaukauna on payment by Chopin of $200, $50'of which was paid down. The complaint alleges the assignment of said contract by John Chopin to the plaintiff Catherine Chopin, his wife, and that Edwards had deeded the land to the defendant Otto Runte, who bought knowing that the land was the plaintiff’s homestead. The court found, as facts, (1) that the contract was…

1Opinion of the CourtCole, C. J.

We are quite clear that the homestead right attached to the premises which the plaintiff John Chopin purchased of Edwards. He took'possession of these premises, built a house upon them, which he occupied with his family for years, and, if he did consent to their being leased for a period, this was for a temporary purpose and the exemption was not impaired by that act. It is said b}^ the learned counsel for the respondents that Chopin did not acquire such an interest in the premises under the contract as would constitute them a homestead. This position -we deem clearly untenable. The exemption…

2Cases cited4 opinions

  1. Campbell v. BabcockWisconsin Supreme Court · 1871
  2. Spear v. EvansWisconsin Supreme Court · 1881
  3. Zimmer v. PauleyWisconsin Supreme Court · 1881
  4. Platto v. CadyWisconsin Supreme Court · 1860

3Cited by4 opinions

  1. Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
  2. Bartle v. BartleWisconsin Supreme Court · 1907
  3. Eaton Center Co-operative Cheese Co. v. KalkofenWisconsin Supreme Court · 1932
  4. Harley v. HarleyWisconsin Supreme Court · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API