The Law of Homestead and Exemptions

Գրքի շապիկի երեսը
S. Whitney & Company, 1875 - 467 էջ
 

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Fraudulent acquisition of homestead as against creditors 467
346
Domicile of husband controls that of wife
358
Surrendering trust deed preferred creditor 473
359
Courts of bankruptcy will protect property of insolvent 500
367
Property acquired by bankrupt after proceedings 513
370
Widow right as against creditors claims in New Hampshire
371
CHAPTER XIV
376
Widows right as against lien creditors 383 See ADDENDA
384
In Alabama widow with separate estate
390
Waiver in a majority of the States utterly void 545
392
Disclaiming ownership cannot sue officer for taking goods 553
395
In Mississippi widow entitled to dower and homestead
396
Exemption of property held in joint ownership 558
401
Abandonment by widow does not debar children
402
Commercial books and countinghouse furniture 570
407
Widow as creditor of estate for allowance
408
ADDENDA
413
Parties are bound by the determination of Court
414
Widows allowance by way of homestead in Louisiana 355
417
Judgment on foreclosure where no release 420 See ADDENDA
422
Practice selling statutory surplus in California
427
Cemetery vault where exempt by State law 507
429
Declaration of homestead by wife in California
433
What accuracy necessary in proceedings to set out claim
439
Illegal sale of homestead
445
Specific performance of contract of husband
451
Interest of the wife in the estate of homestead in Kansas
456
The several statutes passed
457
Liberal construction of exemption clause
463
Waiver by the husband where wife does not sign 301 See ADDENDA
465
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Common terms and phrases

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Էջ 108 - ... have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession.
Էջ 143 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Էջ 95 - ... from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Էջ 86 - The ideas of validity and remedy are inseparable, and both are parts of the obligation, which is guaranteed by the Constitution against invasion. The obligation of a contract 'is the law which binds the parties to perform their agreement.
Էջ 50 - Tenantry is unfavorable to freedom. It lays the foundation for separate orders in society, annihilates the love of country, and weakens the spirit of independence. The tenant has, in fact, no country, no hearth, no domestic altar, no household god. The freeholder, on the contrary, Is the natural supporter of a free government; and It should be the policy of republics to multiply their freeholders, as it is the policy of monarchies to multiply their tenants.
Էջ 96 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Էջ 348 - ... shall have accepted any preference, having reasonable cause to believe that the same was made or given by the debtor contrary to any provision of this act, shall not prove the debt or claim on account of which the preference was made or given; nor shall he receive any dividend thereon until he shall first have surrendered to the assignee all property, money, benefit, or advantage received by him under such preference.
Էջ 86 - is the law which binds the parties to perform their agreement." Any impairment of the obligation of a contract — the degree of impairment is immaterial — is within the prohibition of the Constitution; The States may change the remedy, provided no substantial right secured by the contract is impaired. Whenever such a result is produced by the act in question, to that extent it is void. The States are no more permitted to impair the efficacy of a contract in this way than to attack its vitality...
Էջ 351 - A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists...
Էջ 55 - No lands acquired under the provisions of this chapter shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor.

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