71 P. 315 | Utah | 1903
This is an action to quiet the title to certain real estate situated in Salt Lake county, claimed as a homestead by the plaintiff. A. IT. Raleigh, who was originally the defendant, having died pending the action, his administrators, William Asper and Alfred Solomon, were substituted as defendants. The answer admits that the plaintiff is the owner of the property described in the complaint, subject to the lien therein alleged.
The trial court made the following findings of fact: “That the plaintiff is the owner and in possession and entitled to the possession of all the real estate (described in the complaint), subject to the lien of the defendant, as hereinafter set forth. That on the eighth day of August, A. D. 1892, the said defendant, A. H. Raleigh, lent to the plaintiff the sum of fifteen hundred dollars, and that on the said date the said plaintiff executed his certain promissory note, whereby he agreed to pay to the said A. H. Raleigh the said sum of
Subdivision 11, sec. 3429, p. 308, 2 Comp. Laws 1888, which was in force at the date of the making of the note and mortgage, exempted from execution a homestead to be selected by the judgment debtor, consisting of lands, together with the appurtenances and improvements- thereon, not exceeding in value the sum of $1,000 for the judgment debtor, and the further sum of $500 for his wife and $250 for each other member of the family. This section was amended by an act entitled “An act to amend general section 3429 of the Compiled Laws of Utah, 1888, relating to exemptions from levy and sale on execution,” approved March 28, 1896. See Sess. Laws 1896, p. 215. It is provided in the eleventh subdivision of this amendatory act that: “If the debtor be the head of a family, there shall be a further exemption of a homestead, to be selected by the judgment debtor, consisting of lands and appurtenances, which lands may be in one or more pieces in different localities of the same county in which the judgment debtor resides, or in different counties of the State, together with the appurtenances .and improvements thereon not exceeding in 'value the sum of fifteen hundred dollars, for the judgment debtor, and the further sum of five hundred dollars for his wife, and two hundred and fifty dollars- for each other member of his family.” This amendatory act was- passed in compliance with the requirements of section 1, art. 22, of the State Constitution, which went into effect on January 4, 1896, and is as follows: “The Legislature shall provide by law, for the selection by each head of a family, an exemption of a homestead, which may consist of one or more parcels of lands, together with the
Tbe value of the land claimed by the plaintiff in bis notice to tbe sheriff was not found by the trial judge, nor is there any finding as to the value of tbe lands described in tbe complaint. If tbe lands' so claimed were of no
Tbe conclusions of law found are not supported by tbe facts. By the execution of tbe note and mortgage tbe obligee acquired no contractual interest in any of the lands of tbe judgment debtor, except that which was mortgaged. There
This brings us to the question whether the provisions of the amendatory statute, which increases the previous limit of value $500, impairs the obligation, of the contract in
In the absence of any showing to the contrary, we must presume that the increase of the homestead exemption under consideration was necessary to the prosperity and general welfare of the State, and such as the obligee of the contract in question might reasonably anticipate. Erom anything contained, in the record, we can not say that the increase is unreasonable or unnecessary. But if it were conceded that the provision increasing the exemption is unconstitutional and void, the only effect would be to reduce the exemption
It appears from the findings that William H. Eolsom also claimed a homestead exemption in the lands described in the complaint, and after the deficiency judgment was rendered conveyed his interest therein to the plaintiff. Subdivision 11 of the aforesaid amendatory statute provides that, “when a homestead of a judgment debtor is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incumbrance to which it would not be subject in the hands of such owner.” The decree rendered is not supported by the facts found. The plaintiff and the said William II. Eolsom, if he was the head of a family at the time he made the claim, were each entitled to claim exemption of their lands up to the full limit of value prescribed by the amendatory statute.
As the findings are too indefinite to support any decree, a new trial is necessary. It is ordered that the judgment be reversed, at respondents’ costs, and the case remanded for a new trial.