In re Barde

Citations

• 225 F. 715
• 140 C.C.A. 589
• 1915 U.S. App. LEXIS 2136

Syllabus

<p>1. Homestead t£=?67—Peoperty Constituting Homestead-Value.</p> <p>D. O. D. § 221, exempts the homestead of any family from judicial sale for the satisfaction of a judgment. Section 222 provides that the homestead shall not exceed $1,500 in value, nor 160 acres in extent, if not located in a town or city laid off into blocks and lots; that, if so located, it shall not exceed one block, but that in no instance shall it be reduced to less than 20 acres nor one lot, regardless of value. Section 224 provides that, on notice to the officer making a levy of the claim of homestead, the officer shall notify the creditor; that if the homestead shall exceed the minimum, and he deem it of greater value than $1,500, he may direct the sheriff to select three disinterested householders to appraise the homestead, commencing with the 20 acres or lot upon which the dwelling is located, and appraising such lot or 20 acres separately; that if the same exceed $1,500 the sheriff shall sell all in excess of $1,500 in lots.or subdivisions as directed by the debtor, if he chooses to direct, or otherwise, so as to leave the homestead as compact as possible. Section 225 provides that in lieu of such proceedings the creditor may pay the debtor the sum of $1,500 and proceed to sell the homestead. Reid, that a single lot with a dwelling house thereon is exempt as a homestead, though its value exceeds $i,500, as this is the meaning of section 222 when read as a whole, and sections 224, 225; merely provide .means of enabling the creditors to obtain the excess in those cases only where the homestead is greater in extent and value than the limit prescribed by section 222.</p> <p>[Ed. Note.-—For other cases, see Homestead, Cent. Dig. § 94; Dec. Dig. @s»67.]</p> <p>2. Homestead <£=>63—Property Constituting Homestead—Value—“Dot.”</p> <p>Within D. O. D. § 222, providing that the homestead shall not be reduced to loss than 20 acres nor one lot, regardless of value, the word “lot” means a lot of the di