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· 1/29/1897

Wiss v. Stewart

Citations

  • 16 Wash. 376
  • 47 P. 736
  • 1897 Wash. LEXIS 328

Syllabus

<p>HOMESTEAD — TIME OF SELECTION—MORTGAGE OF PREMISES BY DEED — EFFECT.</p> <p>A homestead may be selected at any time before execution sale, as provided by Code Proc., § 481, as the later act of March 13, 1895 (Laws 1895, p. 109), defining a homestead and providing for the manner of selecting the same, in no way affects the existing provision in relation to the time of making a selection, but simply undertakes to direct the manner of selection.</p> <p>The right to claim certain premises as a homestead is not defeated by the fact that claimant has Imortgaged the premises by giving what purports on its face to be a warranty deed.</p>

Judges: Dunbar

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