17 Neb. 530 | Neb. | 1885
The relator is the head of a family and a resident of Axtell, in this state, and prior to the 7th day of February
In State, ex rel. Kahoon, v. Krumpus, 13 Neb., 321, the relator owned a small house or shanty in Omaha in which he
And in Axtell v. Warden, 7 Neb., 182, it was held that a person occupying a homestead under the laws of the United States was not entitled, in addition, to an .exemption of $500, although the title to the homestead was in the United States. These cases would seem to be decisive of this. It is not essential to a homestead that it shall b© free from incumbrances, nor that the occupant shall possess the legal title. But an embarrassed debtor cannot be permitted to convey his homestead to his attorney or any on© else as security, and retain property to the value of $500 in lieu of such homestead. The courts will protect the rights, of homestead and exemption as far as a liberal construction of the statute will permit; but the statute alone furnishes the measure of their authority, and declares what property shall be exempt. A debtor should be required also to act in good faith with his creditoi’s, and if unfortunate and unable to pay his debts in full, apply his property not exempt towards the payment of his debts, and the exemption law should not be extended by implication to cover property not intended to be included therein. As the relator is married it is doubtful if the. assigninent made by him to his attorney is of any validity without the consent of the wife. Bonorden v. Kriz, 13 Neb., 121. But that question is not before the court. As the relator has a homestead he is not entitled to property to the value of $500 in lieu thereof. The writ is therefore denied.
Writ denied.