First National Bank v. Lamont
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by the First National Bank of Hastings, Minn., and others, against Joseph Lamont and others. From a judgment for defendants, plaintiffs appeal. The weight of authority is that a homestead right cannot be acquired in real property the title to which is held by tenents in common.
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Appeal from District Court, Cass County; McConnell, J. Action by the First National Bank of Hastings, Minn., and others, against Joseph Lamont and others. From a judgment for defendants, plaintiffs appeal. The weight of authority is that a homestead right cannot be acquired in real property the title to which is held by tenents in common. Waples on Hd. & Ex. 131-140; Threshing Machine Co. v. Joyce, 16 S. W. Rep. 147. A partner cannot acquire a homestead right in real property owned by the firm. Waples Hd. and Ex. 143; Drake v. Moore, 23 N. W. Rep. 263; Hoyt v. Hoyt, 28 N. W. Rep. 500. The…
1Opinion of the CourtCorliss, J.
This litigation involves the validity of two notes, and also a mortgage upon a leasehold interest in real property given to secure their payment. Joseph Lamont and Charles Scott, being the owners as tenants in common of a leasehold interest for a term of 99 years in certain real estate situated in the City of Fargo, executed and delivered a mortgage thereon to secure the payment of $16,500, borrowed by them of the mortgagee. This indebtedness was evidenced by their three promissory notes. Subsequently, one of these notes was paid, leaving the *395two other notes, one for $5,000 and the other for…
2Cases cited11 opinions
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Sherrid v. SouthwickMichigan Supreme Court · 1880
- Giles v. MillerNebraska Supreme Court · 1893
- Kaser v. HaasSupreme Court of Minnesota · 1881
- Erie County Savings Bank v. . CoitNew York Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Red River Valley National Bank v. BarnesNorth Dakota Supreme Court · 1899
- Towle v. GreenbergNorth Dakota Supreme Court · 1896
- First-National Bank v. BensonNorth Dakota Supreme Court · 1928