Michels v. Kozitza

610 N.W.2d 368 (2000)

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Nature of the Case

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Facts

P and his brother previously co-owned a 40-acre parcel of land, which they stipulated to partitioning in 1998. P received the southern 20 acres of the property, and his brother received the northern 20 acres. Kollman, the Nicollet County Sheriff, levied and attached the 20 acres owned by P in satisfaction of a judgment owed to respondents the Kozitza Family Partnership (Ds). The execution sale was scheduled for July 15, 1999. P moved for an injunction claiming that his 20 acres were subject to the homestead exemption. The court held that his residence is not situated on land and it did not qualify for the exemption. P appealed.