Holcomb v. Holcomb
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Emra J. Holcomb, .a minor, through his guardian, Lucy A. Holcomb, petitioned the county court to set apart to himself premises as the homestead of Alanson L. Holcomb, deceased. The .petition was granted by the county court, and Edward J. Holcomb and others appeared to -the district court, where such order was reversed, and Emra J. Holcomb appeals.
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Appeal from District Court, Barnes county; Burke, J. Emra J. Holcomb, .a minor, through his guardian, Lucy A. Holcomb, petitioned the county court to set apart to himself premises as the homestead of Alanson L. Holcomb, deceased. The .petition was granted by the county court, and Edward J. Holcomb and others appeared to -the district court, where such order was reversed, and Emra J. Holcomb appeals. Right of homestead survives a divorce and remains with the holder of the record title. Biffle v. Pullman, 21 S. W. 450; Blandy v. Asher, 72 Mo. 27. Redfern v. Redfern, 38 111. 509; Stahl v. Stahl,…
1DissentEllsworth, J.
Statutes such as are found in chapter 41 of our Civil Codes, including .sections 5070' and 5071, referred to in the majority opinion in this case, having for their purpose the conservation of homes and the protection from dependence and want of those members of a family who are helpless or otherwise unprovided for, proceed from a wise, humane, and benevolent purpose on the part of the legislator, and should be construed by the courts in the same liberal and generous spirit in which they are ordained. These statutes, especially in their exemption feature, are remedial in character, and should…
2Cases cited9 opinions
- Hall v. FieldsTexas Supreme Court · 1891
- Biffle v. PullamSupreme Court of Missouri · 1893
- Zapp v. StrohmeyerCourt of Appeals of Texas · 1890
- Byers v. ByersSupreme Court of Iowa · 1866
- Holcomb v. HolcombNorth Dakota Supreme Court · 1909
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