Kimball v. Salisbury
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by Elias S. Kimball and Luella W. Kimball against Orange J. Salisbury and Thomas P. Lewis. From a decree for defendants, plaintiffs appeal. It is not necessary that the exemptionist own the land in which he actually resides to make land used in connection with his residence a part of the homestead.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by Elias S. Kimball and Luella W. Kimball against Orange J. Salisbury and Thomas P. Lewis. From a decree for defendants, plaintiffs appeal. It is not necessary that the exemptionist own the land in which he actually resides to make land used in connection with his residence a part of the homestead. He may rent lands; he may rent a house and use his own land in connection with it and his land is a part of his homestead and is exempt; or he may live on his wife’s land, and his lands used in connection with the residence…
1Opinion of the CourtMiner, J.
(after stating the facts):
Section 3429, Comp. Laws Utah 1888, as amended by section 11, c. 71, p. 215, Sess. Laws 1896, provides: “If the debtor be the head of a family, there shall be a further exemption of a homestead, to be selected by the judgment debtor, consisting of lands and appurtenances, which lands may be in one or more pieces in different localities of the same county in which the judgment debtor resides, or in different counties of the state, together with the appurtenances and improvements thereon not exceeding in value the sum of fifteen hundred dollars for the judgment debtor,…
Also in this document: Concurrence.
2Cases cited17 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Riggs v. SterlingMichigan Supreme Court · 1886
- Dye v. MannMichigan Supreme Court · 1862
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Williams v. StarrWisconsin Supreme Court · 1856
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3Cited by16 opinions
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
- Zuniga v. EvansUtah Supreme Court · 1935
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907
- P.I.E. Employees Federal Credit Union v. BassUtah Supreme Court · 1988
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