Opinion
No. 27,497.
December 13, 1929.
Lien for labor on master's homestead not affected by his bankruptcy.
Order sustained which directs the issue of a special execution for the collection of a judgment which is a lien against the homestead of the bankrupt defendant.
Defendant appealed from an order of the district court for Ramsey county, Bechhoefer, J. directing that a judgment for plaintiff in the sum of $844.11 against defendant be made a lien on his homestead and that a special execution issue authorizing the sale thereof to satisfy the judgment. Affirmed.
Moritz Heim, for appellant.
Kellogg, Morgan, Chase, Carter Headley and Warren S. Ege, for respondent.
Appeal by defendant from an order finding plaintiff's judgment against him a lien upon his homestead and directing that a special execution issue directing the sale of it to satisfy the judgment.
Plaintiff's claim is that of a laborer for labor performed for defendant and so the latter's homestead is not exempt. Const. art. 1, § 12. The very contract under which the service was performed, and now claimed by defendant to have made plaintiff a tenant on shares of a farm, appears from the record to have fixed the relationship as that of master and servant and to have provided that "under no circumstances was plaintiff to be considered as a tenant in any nature whatsoever." That was an allegation of defendant's answer admitted by the reply.
Beyond that the case requires no discussion. Plaintiff's lien was not affected by defendant's voluntary bankruptcy proceeding, instituted about a month after the docketing of the judgment, and the lien may be enforced by either special or general execution. Gregory Co. v. Cale, 115 Minn. 508, 133 N.W. 75, 37 L.R.A.(N.S.) 156.
Order affirmed.