213 N.W. 537 | Minn. | 1927
On September 5, 1925, plaintiff rented her homestead, furnished, except as to linen and dishes, for $30 per month because she had no money with which to buy fuel. With her two children she moved to cheaper quarters. On January 5, 1926, the tenant vacated and plaintiff returned, alone, to her home and kept the fire burning until the next day when she rented to another tenant. The latter vacated on April 6, 1926, when plaintiff resumed her occupancy.
On January 14, 1926, defendant caused a judgment to be entered against plaintiff. Execution was issued. Defendant bought the premises on execution sale and the time to redeem expires June 5, 1927.
Plaintiff, on March 23, 1926, filed a statutory notice of homestead claim. This was six months and eighteen days after renting the premises on September 5, 1925. Defendant claims that because such notice was not filed within the six months period the judgment became a lien and the homestead was abandoned. *177
Defendant invokes the language of Gordon v. Emerson-Brantingham Imp. Co.
Affirmed.