Severtson v. Peoples
North Dakota Supreme Court
Appeal from District Court, Ecldy County, J. A. Coffey, J. Erom a judgment in plaintiff’s favor, defendant appeals. The complaint is insufficient in that it fails to join the husband as a party. He was the record owner of the land, — was head of family. He is a necessary party unless he has declared another homestead for their joint benefit. Code, §§ 4076, 5049, 5067; Poole v. Gerrard, '6 Cal. 71, 65 Am.
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Appeal from District Court, Ecldy County, J. A. Coffey, J. Erom a judgment in plaintiff’s favor, defendant appeals. The complaint is insufficient in that it fails to join the husband as a party. He was the record owner of the land, — was head of family. He is a necessary party unless he has declared another homestead for their joint benefit. Code, §§ 4076, 5049, 5067; Poole v. Gerrard, '6 Cal. 71, 65 Am. Dec. 481; Kraemer v. Revalk, 8 Cal. 74; Eoogman v. Patterson, 9 N. D. 254, 83 N. W. 15; Martin v. Platt, 64 Mich. 629, 31 N. W. 552; Guiod v. Guiod, 14 Cal. 507, 76 Am. Dec. 440; Gee v.…
1Opinion of the CourtFisk, J.
This appeal comes here for trial de novo under the provisions of § 7229, Rev. Codes 1905. The action was brought to cancel and have adjudged to be null and void a certain deed executed and delivered on April 28, 1910, by this plaintiff and her husband, Ernest S. Severtson,' to the defendant, and to enjoin defendant from asserting-any title to the lands described in the complaint under such deed. In. her complaint plaintiff alleges the fact of her signing the deed aforesaid purporting to convey to the defendant the property in controversy; that such property, on the date the deed was executed,…
2Cases cited18 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Gillespie v. Fulton Oil & Gas Co.Illinois Supreme Court · 1908
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Breitling v. ChesterTexas Supreme Court · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Gassin v. McJunkinSupreme Court of Oklahoma · 1935
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Klundt v. PfeifleNorth Dakota Supreme Court · 1950
- Rasmussen v. StoneNorth Dakota Supreme Court · 1915
22 more not listed; retrieve them via the Exa API.