16 Wash. 376 | Wash. | 1897
The opinion of the court was delivered by
The appellant, Edith Wiss, before her marriage became the owner of the land in controversy, which is a lot in the town of Puyallup. The property is improved as a residence, and it is uncontradicted that the appellant and her husband have continuously occupied it as their homestead for the three years prior to the trial of the cause, and were at the time of such trial occupying it as such. The value of the place is conceded to be $700. The respondent W. A. Stewart, on September 30, 1895, filed with the auditor of Pierce county a judgment which he had obtained against Prank Wiss and Edith Wiss, his wife, for the sum of $80.32, and on March 9 caused an execution to be
It is the contention of the respondents that the law which provides that § 481 of the Code of Procedure, which provides that a homestead not to exceed the sum of $1,000 shall be exempt from execution, and that such homestead may be selected at any time before sale, has been repealed by the act of March 13, 1895, ch. 64, (Laws, p. 109), an act defining a homestead and providing for the manner of the selection of the same. We think this contention cannot be sustained. The latter act in no way affects the provision
The judgment will be reversed and the cause remanded with instructions to the lower court to grant the relief prayed for by the appellant.
Scott, C. J., and Reavis, Anders and Gordon, JJ., concur.