Kelly v. Baker
Supreme Court of Minnesota
The facts in this case as they appear from the admissions in the pleadings and the stipulation of the parties, are substantially as follows : The plaintiff was owner of a certain lot of land in the city of Rochester, on which prior to January 1, 1881, he had erected a brick building, two stories high, with basement.
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The facts in this case as they appear from the admissions in the pleadings and the stipulation of the parties, are substantially as follows : The plaintiff was owner of a certain lot of land in the city of Rochester, on which prior to January 1, 1881, he had erected a brick building, two stories high, with basement. The front part of the building was built and rented and used for a store, and was adapted to such use; the second story of the front part was used as a printing and job office by a company of which plaintiff was a member, and by the plaintiff (who is a physician,) for his office;…
1Opinion of the Court
By the Court —
Berry, J.
— Our statutes relating to homestead exemption are so indefinite, loose and obscure that it is difficult to put any construction upon them which is not open to criticism and objection. Under the last clause of Sec. 12, in Art. 1 of the Constitution, it is made the duty of the Legislature to provide by law for the exemption of a reasonable amount of property from seizure or sale for the payment of any debt or liability, and in this case no question is made as to the constitutionality of the law. Certainly there is nothing iu. the constitutional provision referred to…
2Cases cited1 opinion
- Folsom v. CarliSupreme Court of Minnesota · 1861
3Cited by18 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Ashton v. IngleSupreme Court of Kansas · 1878
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Clark v. CoxSupreme Court of Florida · 1920
- Hogan v. MannersSupreme Court of Kansas · 1880
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