Atlas Supply Co. v. Blake
| Citation | 152 P. 601,51 Okla. 778,1915 OK 846 |
| Decision Date | 19 October 1915 |
| Docket Number | 5210. |
| Parties | ATLAS SUPPLY CO. v. BLAKE. |
| Court | Supreme Court of Oklahoma |
Syllabus by the Court.
A tenant in common may have a homestead, and is entitled to a homestead exemption, in lands held in common.
In the absence of agreement to the contrary, an engine and water pump with necessary attachments, pipes, etc., used for irrigation purposes, when intentionally and permanently imbedded in and affixed to the land, become a part thereof and, where the land is a homestead, constitute "material used in constructing improvements thereon" within the intent and meaning of section 2, art. 12, of the Constitution.
A debt for such improvements upon a homestead is privileged, being one of a class specifically excepted from the operation of the homestead exemption provision, which, when reduced to judgment in a proper court, may be enforced in the regular way by sale of the homestead under execution the same as if the exemption law had not been adopted.
Commissioners' Opinion, Division No. 3. Error from District Court, Muskogee County; R. P. De Graffenried, Judge.
Action by the Atlas Supply Company, a corporation, against H. F Blake. Judgment for defendant, and plaintiff brings error. Reversed and remanded.
W. P Z. German and Wm. T. Hutchings, both of Muskogee, for plaintiff in error.
David A. Kline and Chas. P. Gotwals, both of Muskogee, for defendant in error.
This case presents error from the district court of Muskogee county. The parties are here referred to as they appeared in the court below.
In October, 1909, defendant, who owned and with his family resided upon a five-acre tract of land, entered into a partnership agreement with one Abe Wolfenbarger, for the cultivation of said premises as a truck garden and for the maintenance of greenhouses thereon, pursuant to which he and his wife conveyed an undivided one-half interest in said land to wife of said Wolfenbarger in trust for him. Soon thereafter defendant and Wolfenbarger purchased from plaintiff a water pump and gasoline engine, with the necessary attachments, pipes, etc., which, intentionally were permanently imbedded in and affixed to the land by cement, and became a part thereof, and were employed for irrigation and spraying purposes in the use of the premises by the partnership. In November, 1910, plaintiff obtained judgment in a justice court against defendant and said Wolfenbarger upon an open account for the purchase price of said engine and pump. In June, 1911, the partnership was dissolved, and Wolfenbarger and his wife conveyed to plaintiff and his wife the undivided one-half interest they had acquired in said land. There was a five-room house upon the land, wherein plaintiff continuously resided with his family as a home since October, 1909. In July, 1912, an abstract of the judgment rendered in the justice court was filed and docketed in the office of the clerk of the district court of Muskogee county, and in November thereafter execution was issued thereon and levied upon said land. Whereupon defendant moved to vacate and set aside the levy of said execution, for the reason that said property was his homestead, and therefore exempt from forced sale. Upon hearing, said motion was sustained, and plaintiff appeals.
The Constitution (article 12) provides:
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