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· 6/19/1912

Kenyon v. Erskine

Citations

  • 69 Wash. 110
  • 124 P. 392
  • 1912 Wash. LEXIS 853

Syllabus

<p>Homesteads—Exemptions—Execution—Time eor Filins Declaration. The lien of a judgment is superseded and rendered unenforcible where, prior to execution, the judgment debtor files a declaration of homestead.</p> <p>Same—Claim of Exemption—Waiver. Where a judgment creditor claims a lien superior to a homestead claim, and stands upon his contention without asking an appraisal, he cannot on appeal allege that the claim exceeded $2,000 in value, and allege error in the court’s failing to direct steps to subject the excess to sale.</p>

Judges: Fullerton

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