Bremseth v. Olson
North Dakota Supreme Court
Action by Ole L. Bremseth and Anna Bremseth against O. B. Olson, sheriff of Traill county. Judgment for defendant and plaintiffs appeal. It is the homestead, not the head of a family, which is protected. Wilson v. Cochrane, 31 Tex. 678; Crane v. Waggoner, 33 Ind. 83; Stout v. Rapp, 23 N. W. 364. The homestead exemption is not dependent upon any claim made as against a levy.
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Action by Ole L. Bremseth and Anna Bremseth against O. B. Olson, sheriff of Traill county. Judgment for defendant and plaintiffs appeal. It is the homestead, not the head of a family, which is protected. Wilson v. Cochrane, 31 Tex. 678; Crane v. Waggoner, 33 Ind. 83; Stout v. Rapp, 23 N. W. 364. The homestead exemption is not dependent upon any claim made as against a levy. Ferguson v. Kumler, 25 Minn. 183. A liberal rule of construction of homestead statutes almost universally prevails. 9 Am. & Eng. Enc. (1st Ed.) 519; 21 Cyc. 461; Waples on Homesteads and Exemptions, 29; Folsom v. Asper, 71…
1Opinion of the CourtFisic, J.
This action was commenced in the district court of Traill county, the object of which was to obtain an injunction perpetually restraining the respondent, as sheriff of Traill county, from selling under an execution issued upon a judgment rendered in an action wherein one M. E. Acker was plaintiff and these appellants were defendants. The complaint alleged that appellants are husband and wife, and during all the times mentioned in the compaint were residing with their children upon the land described in the complaint, said real property being the family home; that the appellant Anna Bremseth…
2Cases cited18 opinions
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Turner Bros. v. Argo & Co.Tennessee Supreme Court · 1890
- Dreutzer v. BellWisconsin Supreme Court · 1860
- McPhee v. O'RourkeSupreme Court of Colorado · 1887
- Orr v. ShraftMichigan Supreme Court · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
- Birks v. Globe International Protective BureauNorth Dakota Supreme Court · 1928
- Sexton v. SutherlandNorth Dakota Supreme Court · 1917
- Conlon v. City of DickinsonNorth Dakota Supreme Court · 1942
11 more not listed; retrieve them via the Exa API.