Nadeau v. Robert A. Ball

Per Curiam. 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. *7 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.