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KIPP v. SWENO

No. CX-03-140.

683 N.W.2d 259 (2004)

John L. KIPP, et al., Respondents, v. Thomas SWENO, Appellant.

Supreme Court of Minnesota.

June 24, 2004.

Attorney(s) appearing for the Case

Gerald G. Workinger, Jr., Edina, MN, for Appellant.

Fabyanske, Westra and Hart, P.A., M.T. Fabyanske (# 28022), Christopher P. Chilstrom (# 218005), Minneapolis, MN, for Respondent.

Leonard, Street & Deinard, Joseph M. Finley (# 12378X), St. Paul, MN, for Amici Curiae Minnesota Land Title Association and Real Property Section of the Minnesota State Bar Association.

Heard, considered and decided by the court en banc.

OPINION

GILBERT, Justice.

This is a case of first impression regarding Minn.Stat. § 510.02 (2002), which establishes a monetary value limitation to the homestead exemption. Appellant Thomas Sweno was found guilty of fraud after ceasing to work on a construction property that he agreed to build for respondents. A judgment was entered against appellant. Pursuant to this judgment, appellant was served with a notice of a sheriff's execution sale of his...

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