Nebraska Reports Volume 92

Nebraska Reports Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...the value of the homestead exceeds the homestead exemption if the two are identical. If the homestead in which the surviving spouse is to have a life estate is the present worth of the amount exempted from the claims of creditors, then it could not be true that the homestead exceeds the exemption. The whole body of our legislation upon the subject of homestead so manifestly shows what it is int-ended shall he the home that descends to the surviving spouse for life that repetition may be justifiable in considering the course of the legislation. Our first legislation upon the subject recognized the existence and importance of the home as it was then identified, and preserved it for the family against all claims of creditors.' The same action was taken in the next legislation upon the subject. The next legislation describes the homestead as the "homestead, mansion" and 20 acres of land whereon the mansion is situated, together with adjoining land of the value of $500. The homestead thus defined was absolutely exempt. The next legislation limited the exemption "so long as the same shall be owned and occupied by the debtor as such homestead." The next legislation allowed the homestead to be incumbered by a mortgage "duly executed by the head or heads of a family," and made it liable to sale upon the foreclosure of such security, but otherwise left it absolutely exempt so long as owned or occupied as a home. And, then, in the act of 1875, the $2,000 limitation on the exemption was introduced into the law of the state, but the legislature was careful to preserve the identity of the homestead as the family home, and provided a way by which the family might keep and occupy the home against any claims more

Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236883977
  • 9781236883971