Baldwin v. Robinson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to restrain the defendant Robinson, a judgment creditor, and the other defendant, (the sheriff of the same county,) from selling on execution certain real estate in Minneapolis, alleged by plaintiff to be part of his homestead, and to set aside a levy already made. The action was tried bjilea, J., who ordered judgment for plaintiff, which was entered, and the defendant Robinson appealed.
1Opinion of the Court
Collins, J.1
To determine tbis case we must construe a section of our statutes relating to the homestead exemption, which is certainly beyond any construction which will prove wholly satisfactory, •or not subject to doubt and stricture. Section 1, chapter 68, Gen. St. 1878, exempts from seizure and sale upon process of court “a homestead consisting of any quantity of land not exceeding eighty •acres, and the dwelling-house thereon and its appurtenances,- to be •selected by the owner thereof, and not included in the laid-out or platted portion of any incorporated town, city, or village, or,…
2Cases cited5 opinions
- Wilson v. ProctorSupreme Court of Minnesota · 1881
- McDaniel v. MaceSupreme Court of Iowa · 1877
- Barber v. RorabeckMichigan Supreme Court · 1877
- Finley v. DietrickSupreme Court of Iowa · 1861
- Bassett v. MessnerTexas Supreme Court · 1868
3Cited by4 opinions
- Mintzer v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- In Re KyllonenUnited States Bankruptcy Court, D. Minnesota · 2001
- In Re BeckerUnited States Bankruptcy Court, D. Minnesota · 1997
- National Bank of Republic of New York v. BanholzerSupreme Court of Minnesota · 1897