Brokken v. Baumann
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Tallak Brokken against Henry J. and Nellie V. Baumann. Judgment for defendants, and plaintiff appeals. Abandonment is a mixed question- of intention and fact. Kuhnert v. Conrad, 6 N. D. 215, 69 N. W. Rep. 185. Abandonment of realty'- will be presumed where the party leaves no property or improvement to indicate his intention to return and resume the occupancy of the land. Burke v. Hammond, 79 Pa.
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Appeal from District Court, Richland County; Lauder, J. Action by Tallak Brokken against Henry J. and Nellie V. Baumann. Judgment for defendants, and plaintiff appeals. Abandonment is a mixed question- of intention and fact. Kuhnert v. Conrad, 6 N. D. 215, 69 N. W. Rep. 185. Abandonment of realty'- will be presumed where the party leaves no property or improvement to indicate his intention to return and resume the occupancy of the land. Burke v. Hammond, 79 Pa. St. 172. It is the use with intent combined which impresses the homestead stamp upon real estate. Clark v. Evans, 60 N. W. Rep. 862;…
1Opinion of the CourtMorgan, J.
This is an action to foreclose a mortgage on real estate. The facts material to the issues are as follows : Some time in the year 1892 the defendant Henry J. Baumann made an entry of the land involved, being 160 acres, under and by virtue of the homestead laws of the United States, at the United States land office at Fargo. He was then a single man, but on January 21, 1896, he and the defendant Nellie V. Baumann intermarried, and commenced living together as husband and wife, but not on the land on which he had made homestead entry. They first went to living at her mother’s, but for liow long…
2Cases cited13 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Kelly v. DillSupreme Court of Minnesota · 1877
- Boreham v. ByrneCalifornia Supreme Court · 1890
- Parsons v. VenzkeNorth Dakota Supreme Court · 1894
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3Cited by8 opinions
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928
- Styles v. Theo. P. Scotland & Co.North Dakota Supreme Court · 1912
- Mandan Mercantile Co. v. SextonNorth Dakota Supreme Court · 1915
- In re MalloyDistrict Court, D. North Dakota · 1910
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