Ferguson v. Speith
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin'County. Ejectment. The cause was tried before Armstrong, J., without a jury. Defendants had judgment below. Statement of the case prepared by the justice delivering the opinion.
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Appeal from Ninth Judicial District, Gallatin'County. Ejectment. The cause was tried before Armstrong, J., without a jury. Defendants had judgment below. Statement of the case prepared by the justice delivering the opinion. It appears from the record in this case that in the year 1867 respondent Jacob F. Speith and one Charles Krug entered into copartnership in the brewing business in Bozeman, in this state; that Speith put into said business the sum of three thousand five hundred dollars, Krug failing to contribute any thing in cash; that in April, 1873, said partners purchased the property…
1Opinion of the CourtPemberton, C. J.
The question for this court to determinéis this: Is a partner entitled to claim and hold a homestead exemption out of the partnership estate? Section 322, first, division Code of Civil Procedure, reads as follows:
“Sec. 322. A homestead consisting of any quantity of land not exceeding one hundred and sixty acres used for 'agricultural purposes, and the dwelling-house thereon, and its appurtenances, to be selected by the owner thereof, and not included in any town plot, city, or village; or, instead thereof, at the option of the owner, a quantity of land not exceeding in amount one-fourth of an…
2Cases cited18 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Thorn v. ThornSupreme Court of Iowa · 1862
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Stewart v. . BrownNew York Court of Appeals · 1867
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3Cited by14 opinions
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Oregon Mtg. Co., Ltd. v. DunbarMontana Supreme Court · 1930
- Dayton v. EwartMontana Supreme Court · 1903
- Adams v. ChurchOregon Supreme Court · 1902
- Bank of America v. IveyMontana Supreme Court · 2010
9 more not listed; retrieve them via the Exa API.