St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-03-04
AN INTERESTING DECISION
On the Homestead La,c-She Had Ttro
Husbands-SHit for Medal-Coltrt
Briefs

On the Homestead La,c-She Had T.ro
Hus6ands-Smit for a Medal-Cours
Briefs.
Judge Young yesterday filed decision in
the suit of A. H. Knowles VS.. Thomas Wing,
which is quite important, not because of the
amount involved, but for the reason that it
brings up q new question concerning the
homestead law. Judgment was obtained
against the defendant for S65 10. This de-
PENDANT was at the time owner of tenement
building which he sold for $3.50. The plain
tiff asked that an order be issued directing
the defendant to turn over so much of the
sum as will be sufficient TO satisfy the judg-
ment. The defendants attorney claimed
that as the property which the defendant sold
the sale are also exempt. The Judge says that
the question has never before presented
itself before Minnesota court, although it
has been the policy to literally construe the
exemption laws in favor of the exemptioner.
The supreme court of Wisconsin holds that
where the homestead has been sold
with the intention of investing in
another homestead, the proceeds are
exempt from levy and execution. The
supreme court has held that insurance money
received from homestead destroyed by fire
is exempt. and that rental from homestead
is also exempt, hut it has never been held
that the proceeds received from the sale of
exempt property are in all cases exempt. The
purpose of the law is to secure to the debtor
homestead, and so long as retained for the
purposes for which the law makes it exempt,
the proceeds should be exempt. But when
the proceeds are to be diverted to some other
purpose the reason for exemption ceases. 1t
is not necessary even that the proceeds shall
have been actively appropriated to some other
purpose, but if it appears that it is the inten-
ton to divert the money to some other pur-
pose, then the law will cease to protect the
exemptioner from holding that fund. For
instance, person holds homestead worth
$40, 900 aud sells it. With one-half of the
proceeds he buys another homestead
and has left balance of
So, 900. While the money has not been
appropriated to any other purpose, it is
evidently not the intention to invest it in a
homestead, and the property should be sub
ject to pay any existing debts. In the case
in question it is held, as there is no inten-
ton to purchase another homestead, that,
therefore, the exemption law ceases to pro-
tect, and it is ordered that the defendant
turn over enough money to satisfy the
claim.
A ROLLER SKATING SUIT.
Judge Young yesterday appointed Charles
B. Rowley guardian ad litem of Florence
Shuler, in the suit of William P. Dolson and
Nellie Towers VS.. Amos E. Hardy and
others. The action is brought concerning
two gold medals, which were offered as
prizes by the Washington, University and
Adams school roller Kinks, valued at fifty
dollars, for fancy and combination skating
by ladies and gentlemen in couples.
THAT BUILDING AGAIN.
The falling of the building last spring,
which was being erected on Western avenue
near Twelfth street by J. B. Moffett and
Hans P. Johnson, has occasioned still an
other heavy suit for damages. 1t will be re-
membered that Unity Guerin was the owner
of the adjoining lots and that her daughter,
Mary NJ. Walters, was severely injured by the
falling debris Gustave A. Walters as nus
band Of Mary NJ. Walters brings suit for
So, no against Moffett u Johnson, claiming
that by reason of the said in juries, occasioned
by the defendants negligence, he has been
deprived OF the ''labor, service, comfort of
society and partnership of his wife"
DISTRICT COURT BRIEFS.
The Bickley-Bartram libel suit was yester-
day set for March ~.
In the probate court yesterday in the hear
ing of the final account and distribution of
the estate of Ann Mccarthy before Judge
LELAND, two different men appeared and
J. C ~
ceased. 1t appears that she at one time lived
with Peter Mccoy, and later was married to
William Mccarthy, both Of whom now seek to
share in the estate.