Security National Bank v. Mason

Citations

• 117 Wash. 95
• 200 P. 1097
• 1921 Wash. LEXIS 1025

Syllabus

<p>Homestead — Construction of Law. Homestead laws are to be liberally construed.</p> <p>Same (35) — Time for Making Claim. The first part of Rem. Code, § 529, declaring the homestead of every head of a family exempt from execution or attachment is still in force; and, under the last sentence, providing that such homestead may be selected at any time before sale, a judgment creditor acquires no priority of lien through filing a writ of attachment before the debtor makes his declaration of homestead.</p> <p>Same. As against a purchaser on execution sale, a homestead declaration must be filed before sale.</p> <p>Homestead (38-40) — Actions—Claim of Homestead — Pleading. Failure of judgment debtors to set up and claim a homestead in, the action in which attachment issued (but which was done before execution sale) does not preclude or bar them from pleading, in an action by the execution purchaser to determine title, that the land was exempt as a homestead.</p>