Bailey v. Steve

Wisconsin Supreme Court

Bailey v. Steve

35 N.W. 735, 70 Wis. 316, 1887 Wisc. LEXIS 46

CourtWisconsin Supreme Court

DecidedDecember 13, 1887

StatusPublished

Cited by1 cases

This text of 35 N.W. 735 (Bailey v. Steve) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Steve, 35 N.W. 735, 70 Wis. 316, 1887 Wisc. LEXIS 46 (Wis. 1887).

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Opinion

Cassoday, J.

The only question presented is whether the defendant’s interest in the notes and mortgage, which Avere “proceeds derived from” the sale of his homestead. Avas exempt for the period of “ two years,” as provided by sec. 2983, R. S. It certainly Avas exempt if “ held with'the [318]*318intention to procure another homestead therewith,” during that period. Ibid. The same is true if intended to be used during that time in. completing or improving such new homestead. We think the circuit court was justified in finding that such interest was held with such intent. The case comes squarely within the spirit and reasons of the repeated decisions of this court, which need not be again repeated. Hewett v. Allen, 54 Wis. 583; Scofield v. Hopkins, 61 Wis. 370; Binzel v. Grogan, 67 Wis. 147.

By the Court.— The order of the circuit court is affirmed.

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Cassoday, J.

The only question presented is whether the defendant’s interest in the notes and mortgage, which Avere “proceeds derived from” the sale of his homestead. Avas exempt for the period of “ two years,” as provided by sec. 2983, R. S. It certainly Avas exempt if “ held with'the [318]*318intention to procure another homestead therewith,” during that period. Ibid. The same is true if intended to be used during that time in. completing or improving such new homestead. We think the circuit court was justified in finding that such interest was held with such intent. The case comes squarely within the spirit and reasons of the repeated decisions of this court, which need not be again repeated. Hewett v. Allen, 54 Wis. 583; Scofield v. Hopkins, 61 Wis. 370; Binzel v. Grogan, 67 Wis. 147.

By the Court.— The order of the circuit court is affirmed.

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Bluebook (online)

35 N.W. 735, 70 Wis. 316, 1887 Wisc. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-steve-wis-1887.

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