Calmer v. Calmer
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Cora L. Calmer against Henry E. Calmer, and others. Judgment for plaintiff and defendants appeal. Homestead must possess all the requirements prescribed by the Code. Cosebolt v. Donaldson, 67 Mo. 308; Helfenstein v. Cave, 3 Iowa, 290; Zoellner v. Zoellner, 19 N. W. 556; Beecher v. Baldy, 7 Mich. 500. Value is one of the requirements. Beecher v. Baldy, supra.
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Appeal from District Court, Cass county; Pollock, J. Action by Cora L. Calmer against Henry E. Calmer, and others. Judgment for plaintiff and defendants appeal. Homestead must possess all the requirements prescribed by the Code. Cosebolt v. Donaldson, 67 Mo. 308; Helfenstein v. Cave, 3 Iowa, 290; Zoellner v. Zoellner, 19 N. W. 556; Beecher v. Baldy, 7 Mich. 500. Value is one of the requirements. Beecher v. Baldy, supra. The value is of the fee, not the owner’s “equity therein. Yates v. McKibbin et al., 23 N. W. 752; In re Noah, 15 Pac. 290; Brown v. Starr et al., 21 Pac. 973; Franks v. Lucas,…
1Opinion of the CourtEngerud, J.
This is an appeal from a judgment of the district court affirming a decree of the county court setting apart to the respondent her homestead and personal property exemptions out of the estate of Charles J. Calmer, deceased. The appellants are the two sons of said deceased. The respondent is the widow.
The facts are unclisputel. Charles J. Calmer died intestate April 9, 1904, leaving surviving him a widow and three children; two sons and a daughter. The two sons are now over 21 years of age, the younger having attained his majority in December, 1905, after this appeal was heard. The daughter is…
2Cases cited11 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Ferguson v. KumlerSupreme Court of Minnesota · 1880
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Hoy v. AndersonNebraska Supreme Court · 1894
- Yates v. McKibbenSupreme Court of Iowa · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re Estate of GardnerSupreme Court of Oklahoma · 1926
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- In Re Estate of KimbrellNorth Dakota Supreme Court · 2005
- Birks v. Globe International Protective BureauNorth Dakota Supreme Court · 1928
23 more not listed; retrieve them via the Exa API.