Shaw v. Kirby

67 N.W. 700, 93 Wis. 379, 1896 Wisc. LEXIS 55

Opinion

Wijvslow, J".

This case is ruled by the case of Scofield v. Hopkins, 61 Wis. 370, 375. It was said, in that case, that “ the Iona fide intention of acquiring the premises for a homestead, without defrauding any one, evidenced by overt acts in fitting them to become such, followed by actual occupancy within a reasonable time, must be held to give to the premises answering the description prescribed in the statute the character of a homestead; and the homestead exemption thus secured . . . relates back to the time of purchase with such intent to make the premises a homestead.” Applying these principles of law to the present case, it is very plain that the judgment is right.

By the Court.— Judgment affirmed.