Wallowa chieftain. [volume] (Joseph, Union County, Or.) 1884-1909, 1902-12-11
Rights o; a Homes teader.

'uuSo rTdIcr OF portland re-
Gently handed down an important
decision in the case of Jennie Y.
Wade against P. o. Lundin, ex
pressing the opinion of the Join,
court, when he ruled that after s
mortgage has been fully paid fro
the results of a foreclosure sal
the person owning the property
iii pa homestead claim, shal
receive what may remain, tn
other judgement creditors bein
barre J. Heretofore, when home
stea has been sold to satisfy
mortgag, the other judgemen
ere litors have received whateve
balance may remain. The dc
cisio /, ii sustained by the Supreu
Court, viii be far-roaching and
Importance to many peopl
thro lgholt the state. Notice O.
an Irpral to the Supreme Cour
was given.
ennie Y. Wade brought fore
closure suit against Lundin aud
his properly was sold. There was
a res! Tue of some 81 900 remaining
after TIE lien OF the plaintiff wa
satisfied and Bessie Paxton, as
judgement creditor, with n lien
next in line to that OF Jennie Wad,
brought Calm FOR the money
Lundin also filed an application
for the money, claiming that as he
had resided on the premises for tie
last II years and it was homestead
property he was entitled to the
balance of the money.
In deci ing the case the
court sail in part; at appears
from the Investigation made bv
this court that possibly with one
or two exceptions the tendency IL
the courts OF all The states is towaro
a liberal construction AMI appli-
cation OF the homestead law. But
In any event the .reat weight of
authority, especially in recent
years, is against the contention OF
the defendan, B2ssia Paxton, and
directly contrary 10 the rule laid
down in the authorities cited bv
her counsn.
"The courts have generally held
that where morl gage upon a
homestead and other real estate is
being foreclosed, the mortgagor has
a right as against the mortagee,
and against all Other lien holders
whose rights are not prior or su-
perior to those of the holder of the
mortgage, to require that before
the homestead shall be resorted to
for the purpose OF satisfying the
mortgage debt all other mortgaged
p perty shall be exhausted, but
it is generally hel that whore OF
foreclosure proceedings homestead
pro rty is included with other
property sold on execution the
mortgagor is enttlel to the sur
plus proceeds OF the sale after til,
satisfaction of the mortgage, a.
against judgement creditors, al
though no ;lain 0f q homestea
was made until after the sale OF In
property and while the proceed.
were in the hands OF the officer.
Z" 1t is the intention Of the IL
that every man should be enable
to preserve home for his family
that if it is converted against hi.
will, he should be entitled To tn.
proceeds for the purpose of pro
curing a home, and if he waves li
homestead right as to a certain
indebtdness by mortgage, or other
wise; he should not on that a.
count be deemed to have waived II
as to other Indebtedness, but thar
except where so waived it should BE-
preserved and it should be pre-
served and he should be protecJel.
in its use and enjoyment.
"Of course the defendant Lundin
is entitled to this surplus only for
the purpose of procuring another
homestead. If at any time il
should appear that said defendant
had no intention of procuring an
other homestead with such funds,
or if at any time he should aban
don such intention, the sum would