The Law of Homestead and Exemptions

Front Cover
BoD – Books on Demand, 2025 M11 22 - 468 pages
Reprint of the original, first published in 1875. The Antigonos publishing house specialises in the publication of reprints of historical books. We make sure that these works are made available to the public in good condition in order to preserve their cultural heritage.
 

Contents

Homestead in lands held by less than feesimple estate 114 See ADDENDA
23
Change of remedy not unconstitutional
24
Suits pending may be affected by change of remedy
30
State may pass laws controlling provisions of contract
36
Past transactions parties vested right to some remedy
42
CHAPTER I
49
New rule in regard to property liable for debt 10
55
Liberal interpretation in California
61
Minor children cannot abandon homestead
290
Stipulations in bond waiving all laws
296
Waiver by the husband where wife does not sign 301 See ADDENDA
302
Easement granted over homestead by husband alone
303
Divorce may divest premises of homestead character 304
304
Contrary and more humane rule in Illinois and Texas
310
Death after judgment of divorce in Pennsylvania
316
Where no homestead selected widow entitled
322

Constitution of Minnesota and construction of statutes
65
The nature tenure or title of the estate in the land
71
Federal Courts to determine questions under U S Constitution 18
86
Increase of homestead to prescribed value or quantity
89
Cannot have two homesteads
96
Insurance money of homestead
102
Separate property of wife in Ohio
108
Ownership and occupancy necessary in Alabama
115
Leasehold adjoining homestead 118 See ADDENDA
125
Some right or title to the land necessary to the right 112 See ADDENDA
127
Separate parcels of land composing homestead 129140 See ADDENDA 137
137
Homestead in assets of partnership
143
Death of wife departure of adult children
149
Residence of the wife alone in California
157
Members of copartnership in Pennsylvania
163
CHAPTER VIII
168
Protection of the homestead right
177
Effect of judgment right of the State
185
Effect of filing notice after lien of judgment
192
What will be held to be purchasemoney 225 See ADDENDA
193
Selection of homestead after attachment 198 See ADDENDA
199
Prior debts statutory protection Massachusetts
207
Existing debts merger marshalling assets
213
Special release of the right of homestead 265
216
What may be united with lien for purchasemoney
219
Vendors lien where there is waiver of exemption in Pennsylvania
228
Natural right of alienation not inhibited
241
DIVORCE
244
Husband can convey to trustee for henefit of wife
254
Not necessary to say it is the homestead in mortgage
266
Property mortgaged before occupation right of homestead
269
Valid mortgage by husband and wife she may plead usury
272
REVIEW OF ABANDONMENT
278
Efforts to sell no proof of abandonment
284
Dower and homestead in same land in Iowa 387
288
Widow acquiesces in order for length of time conclusive
328
Death of wife without issue husband retains it
334
Adult children living apart not subject to deed of trust
337
Fraudulent aoquisition of homestead as against creditors 467
346
Widow no homestead where no debts in North Carolina
350
Widows allowance by way of homestead in Louisiana
355
Surrendering trust deed preferred creditor 473
359
Widow right in Massachusetts
363
Courts of bankruptcy will protect property of insolvent 500
367
Property acquired by bankrupt after proceedings 513
370
Widows right to possession of land under dower not homestead
376
Any resident entitled to exemption in Nebraska 534
384
In Alabama widow with separate estate
390
Waiver in a majority of the States utterly void 545
392
Disclaiming ownership cannot sue officer for taking goods 553
395
In Mississippi widow entitled to dower and homestead
396
Liens of creditors of deceased householder in Illinois
397
Exemption of property held in joint ownership 558
401
Abandonment by widow does not debar children
402
Commercial hooks and countinghouse furniture 570
407
Widow as creditor of estate for allowance
408
Recitals in decree insufficiency of in administrators sale
412
ADDENDA
413
Parties are bound by the determination of Court
414
Judgment on foreclosure where no release 420 See ADDENDA
422
Practice selling statutory surplus in California
427
Cemetery vault where exempt by State law 507
429
Notice to sheriff of claim in California
433
What accuracy necessary in proceedings to set out claim
439
Illegal sale of homestead
445
Specific performance of contract of husband
451
Interest of the wife in the estate of homestead in Kansas
456
The several statutes passed
457
Liberal construction of exemption clause
463
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