Jones v. Dow
Cases that cite this one
8 later published cases cite this decision.
- In re Sauthoff (District Court, W.D. Wisconsin 1876)
- Nolan v. Nolan (Cal. 1909)
- Miller v. McCarty (Minn. 1891)
- Plain v. Roth (Ill. 1883)
- Dunn v. Buckley (Wis. 1882)
- Abbott v. Powell (United States District Court for the District of California 1879)
- In re Perry (Wis. 1872)
- White v. Polleys (Wis. 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court,
However just and reasonable it might be for the court to compel a sale of the business lot first, and thus save the homestead, if that were the only question, yet we think Bow’s equity to hold his homestead fully countervailed by the equities of his creditors, who must look to the business lot for their satisfaction, and who have no lien upon the homestead. Until the legislature shall have declared the obligation to preserve the homestead superior to that of paying one’s honest debts, we must hold the equity of the creditor at least equal to that of the debtor in cases like this. The application to open the sale, and for a sale of the business lot first, being addressed to the sound discretion of the court, that discretion was properly exercised in refusing the order and permitting the sale already made to stand.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.