228 N.W. 168 | Minn. | 1929
Plaintiff's claim is that of a laborer for labor performed for defendant and so the latter's homestead is not exempt. Const. art. 1, § 12. The very contract under which the service was performed, and now claimed by defendant to have made plaintiff a tenant on shares of a farm, appears from the record to have fixed the relationship as that of master and servant and to have provided that "under no circumstances was plaintiff to be considered as a tenant in any nature whatsoever." That was an allegation of defendant's answer admitted by the reply. *7
Beyond that the case requires no discussion. Plaintiff's lien was not affected by defendant's voluntary bankruptcy proceeding, instituted about a month after the docketing of the judgment, and the lien may be enforced by either special or general execution. Gregory Co. v. Cale,
Order affirmed.