Legal Opinion

Stewart v. Lohr

Washington Supreme Court

Decided October 28, 1890No. 78PublishedCited by 39 opinions

Appeal from Superior Court, Skagit County. The appellant, J. S. Stewart, made his homestead filing upon the southeast quarter of section 26, township 35 north, range 5 east, under the homestead laws of the United States, on the 5th day of January, 1880. He was unmarried, and lived on the land, improved it by clearing five to eight acres of land, set out a small orchard, built a board dwelling house 16x20 feet, and a barn, the value of the improvements on the 19th day of…

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Appeal from Superior Court, Skagit County. The appellant, J. S. Stewart, made his homestead filing upon the southeast quarter of section 26, township 35 north, range 5 east, under the homestead laws of the United States, on the 5th day of January, 1880. He was unmarried, and lived on the land, improved it by clearing five to eight acres of land, set out a small orchard, built a board dwelling house 16x20 feet, and a barn, the value of the improvements on the 19th day of February, 1883,being eight hundred dollars. He married the decedent on the last named day. Thereafter they lived on the…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

Upon the motion to dismiss the appeal in this cause, it was made to appear to this court that the action was instituted in the probate court, and was there a contest between the executor of an estate and one claiming adversely, as to whether or not certain real estate should *343be included in the inventory of the property of said estate. When this fact appeared, suggestion was made to counsel that the question of the jurisdiction of the probate court to hear and determine such a controversy was the material inquiry which the court would enter upon…

2Cases cited3 opinions

  1. Theller v. SuchCalifornia Supreme Court · 1881
  2. Snodgrass v. AndrewsMississippi Supreme Court · 1855
  3. Lynch v. DivanWisconsin Supreme Court · 1886

3Cited by39 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
  3. Dunham v. StitzbergNew Mexico Supreme Court · 1948
  4. State ex rel. Keasal v. Superior CourtWashington Supreme Court · 1913
  5. Rust v. GillespieSupreme Court of Oklahoma · 1923

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