Hoppe v. Goldberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca, County. The action is to set aside an execution- sale of land for the alleged reason that it is the homestead of the plaintiffs, and to quiet the title thereto.
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APPEAL from the Circuit Court for Waupaca, County. The action is to set aside an execution- sale of land for the alleged reason that it is the homestead of the plaintiffs, and to quiet the title thereto. In 1890, the plaintiff Hermcm Hoppe was, and for several years previously had been, the owner of the W. -J of the S. E. £ of section 36, in township 21 N., of range 13 E.; in Shawano county, and of thirty acres adjoining thereto in the S. E. £ of the S. E. of the same section; and during all the time of such ownership he lived on the land with his family, and used it as a farm. His…
1Opinion of the Court
LyoN, O. J".
1. The Clintonville lot is the consideration which the plaintiff Herman Hoppe received from Gensler for his farm. Such lot is therefore the proceeds of the sale of the farm, just as effectually as the money would have been had Gensler paid for the farm in cash.
Seventy acres of the farm were not a homestead,- and it is claimed that the consideration therefor, as well as for the homestead forty acres, went into the Clintonville lot, and that it is impossible to separate the proceeds of the exempt homestead from those of the non-exempt property. *664It is argued therefrom that the…
2Cases cited2 opinions
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Binzel v. GroganWisconsin Supreme Court · 1886
3Cited by3 opinions
- Clancey v. AlmeWisconsin Supreme Court · 1898
- Larson v. State Bank of OgemaWisconsin Supreme Court · 1930
- Christensen v. BeebeUtah Supreme Court · 1907