Wright v. Westheimer

Citations

• 3 Idaho 232
• 28 P. 430
• 1891 Ida. LEXIS 41

Syllabus

<p>Levy or Second Writ or Attachment — Effect on First Levy — The issuance and levy of the second writ of attachment on the same property, not an abandonment of the first levy, under the peculiar circumstances of this case.</p> <p>Section 3071 of the Revised Statutes of Idaho Construed — Attachment Levied Prior to Filing of Declaration of Homestead Held Good. — Wright sold and conveyed his homestead, and with a part of the proceeds of such sale purchased another residence, intending it for a homestead. W. & Sons levied an attachment upon the residence so purchased, before W. filed his homestead declaration therefor. Held, that the purchase of a new homestead with the proceeds of the sale of an old homestead does not exempt such new homestead from attachment or execution, levied prior to filing the homestead declaration for record, as required by section 3071 of the Revised Statutes of Idaho.</p> <p>(Syllabus by the court.)</p>