Lewis v. Mauerman

Citations

• 35 Wash. 156
• 76 P. 737
• 1904 Wash. LEXIS 428

Syllabus

<p>Homesteads — Exemptions—Occupation Not Essential After Selection. Where a homestead has been, duly selected by recording the declaration under Laws 1895, p. 109, actual occüpancy of the same is not necessary to maintain the right to the homestead exemption.</p> <p>Same — Execution Sale — Failure to Comply With Law Respecting Exemption — Increase of Exemption by Subsequent Law. Where the law respecting the sale of homesteads was not complied with and no exemption at all allowed, an execution sale of premises that have been duly selected as a homestead, cannot be sustained on the theory that since the judgment was obtained the exemption for a homestead was increased from $1,000 to $2,000, and the premises were worth more than $1,000.</p> <p>Same — Confirmation of Execution Sale — Collateral Attack — Homestead Claim Not Concluded by Confirmation. An action to recover possession of a homestead, sold under execution without complying with the law regulating such sales, is not a collateral attack upon the confirmation of the sale, since the only matter that can be determined on the confirmation is the regularity of the procedings concerning the sale, and the same does not constitute an adjudication upon the question of the homestead claim.</p>