Fallihee v. Wittmayer

Citations

• 9 S.D. 479
• 70 N.W. 642
• 1897 S.D. LEXIS 93

Syllabus

<p>Comp. Laws, Secs. 5126, 5127, before the amendment of 1890, provided that there should be absolutely exempt from forced sale (7) “the homestead as created, defined and limited by law.” Sec. 2452 provided chat the homestead should be subject to mechanics’ liens. Laws 1890, Chap. 86, amending Sec. 5127, substituted for Subdivision 7 a statement of what should constitute a homestead, and made no.exceptions to its exemption. Meld, in view of the fact that in 1893 the legislature submitted to popular vote a proposition to subject homesteads to mechanics’ liens, which was rejected, that the homestead defined by Laws 1890, Chap. 86, was not subject to such liens.</p>