Lyons v. Carr

Jackson, C.

Joshua Emanuel died intestate in Dawson county on April 6, 1887. He owned and occupied with his wife as a homestead the land in controversy, which was of less value than $2,000. The widow moved to the state of Michigan, where she remarried, and is still living. The personal property was insufficient to pay the debts and charges allowed against the estate, and the administrator sold the homestead under a license obtained in the district court to George W. Benedict for the sum of $400, subject to a mortgage indebtedness of $800. The sale was confirmed September 23, 1890. Benedict…