82 Wis. 660 | Wis. | 1892
1. The Clintonville lot is the consideration which the plaintiff Herman Hoppe received from Gensler for his farm. Such lot is therefore the proceeds of the sale of the farm, just as effectually as the money would have been had Gensler paid for the farm in cash.
Seventy acres of the farm were not a homestead,- and it is claimed that the consideration therefor, as well as for the homestead forty acres, went into the Clintonville lot, and that it is impossible to separate the proceeds of the exempt homestead from those of the non-exempt property.
It follows that the lot in question is the proceeds of the sale or (what is the same thing) the exchange of the farm homestead. The proof is conclusive that with such proceeds Hoppe, intended to obtain another homestead; indeed, that he intended the lot should be his homestead, and procured it for that purpose, Regarding the lot as proceeds merely, and not as a homested, it is exempt from the lien of B. Goldberg's judgment, and from sale on execution issued on such judgment, for two years from the date of Gensler’s conveyance to Mr. Hoppe; that is, until October 29, 1892. R. S. sec. 2983.
2. But we are of the opinion that the lot in question is the plaintiffs’ homestead, although they have not actually resided upon it, and may not do so until the expiration of
It is immaterial that plaintiffs did not assert any claim to the lot as a homestead until the commencement of this action. This is not a case in which the validity of the right claimed depends upon the assertion or giving notice thereof to any one at any particular time. The lot was acquired by Hoppe for use as his homestead, to be occupied as such as soon as the lease expired, and he did nothing evidencing any change of intention in respect thereto. Scofield v. Hopkins, 61 Wis. 370. The lot was therefore protected from the lien of a judgment against him, and from sale on exe
Because the certificate of sale is a cloud upon the plaintiffs’ title to the lot, they are entitled to the-relief demanded in the complaint.
By the Court.— The judgment of the circuit court is reversed, and the cause will be remanded to that court with directions to render judgment for the plaintiffs in accordance with this opinion.