In re Swearinger
District Court, D. Nevada
This is a proceeding by the assignee of the bankrupts to compel Swearinger to surrender possession of certain premises, which the latter claims as a homestead. At the time Swearinger and Lamar were adjudicated bankrupts, in January, 1877, they were partners in the business of ranching, and tenants in common of the premises now in question. For about two years before, the respondent Swearinger had been residing with his family on these premises, having no other home.
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This is a proceeding by the assignee of the bankrupts to compel Swearinger to surrender possession of certain premises, which the latter claims as a homestead. At the time Swearinger and Lamar were adjudicated bankrupts, in January, 1877, they were partners in the business of ranching, and tenants in common of the premises now in question. For about two years before, the respondent Swearinger had been residing with his family on these premises, having no other home. In October, 1876, with the consent of Lamar, Swearinger filed and recorded a declaration of homestead, embracing the whole…
1Opinion of the Court
HILLYER, District Judge.
The contention in this case is as to the true construction of the first section of the law of Nevada, commonly called the homestead act. Under that section, can a homestead be ex*528empted from forced sale when tlie dwelling-house and land claimed are owned and possessed by the debtor as a tenant in common with another?
At the outset, counsel for the assignee invokes a well-known rule of construction, which, he claims, is decisive. The first section of the Nevada homestead act (1 Comp. Laws, 60), is an exact copy of the first section of the California act of 1860. The…
2Cases cited15 opinions
- Thorn v. ThornSupreme Court of Iowa · 1862
- Tarrant v. SwainSupreme Court of Kansas · 1875
- Estate of WalleyNevada Supreme Court · 1876
- Hawthorne v. SmithNevada Supreme Court · 1867
- McClary v. BixbySupreme Court of Vermont · 1863
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3Cited by2 opinions
- Mullikin v. JonesNevada Supreme Court · 1955
- Reeves & Co. v. SaxtonWisconsin Supreme Court · 1911