Pleading and Practice; Under the Codes of Ohio, New York, Kansas and Nebraska, and Applicable, Also, to the Practice in Other States in Which a Code Has Been Adopted, with Appropriate Forms Volume 2

Pleading and Practice; Under the Codes of Ohio, New York, Kansas and Nebraska, and Applicable, Also, to the Practice in Other States in Which a Code Has Been Adopted, with Appropriate Forms Volume 2

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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. 1874 edition. Excerpt: ...off as a homestead by leasing it for a year and going with his family into another county for temporary purposes. The homestead having been regularly set off under the statute, no further proceedings can be had against it while the right to the homestead so set off continues. The question as towhether a homestead set off under the statute has subsequently become subject to further proceedings against it, should first be presented to and determined by the court under whose process such proceedings are sought, before the same are had. Wetz v. Beard, 12 Ohio St. 431.. By the court: Where real estate of the wife, held by her under the statute of March 23, 1866 (S. & S. 391), as her separate property, is occupied by the husband as a family homestead, he is not the owner of such homestead within the meaning of our statute relating to the exemption of property from execution. Davis v. Dodds, 20 Ohio St. 473. A mortgage of a homestead by the husband alone' is void. Nor is a judgment against husband alone a lien on it. Neither is such a mortgage and judgment against the husband any incumbrance on the homestead. Such lands may be sold and conveyed by husband and wife jointly, and the purchaser take a clear title. Morris v. Ward, 5 Kan. 239. ' IV. W7'en the Lien attaches. Snc. 421. The lands and tenements of the debtor within the county where the judgment is entered, shall be bound for the satisfaction thereof from the first day of the term, at which judgment is rendered; but judgment by confession, and judgment rendered at the same term at which the action is commenced, shall bind lands only from the day on which such judgments are rendered. All other lands, as well as goods and chattels, of the debtor, shall be bound from the time they...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236985648
  • 9781236985644