Legal Opinion
Covert v. Burger
Washington Supreme Court
Decided November 29, 1913No. 11596PublishedCited by 3 opinions
Appeal from a judgment of the superior court for Spokane county, Blake, J., entered April 22, 1913, dismissing an action to quiet title, upon sustaining a demurrer to the" complaint.
1Opinion of the CourtMorris, J.
This appeal presents a question of law, simple of statement: Whether or not a declaration of homestead, without the statutory acknowledgment, is valid as against an execution. The lower court held it was not.
Our statute relating to the mode of selecting homesteads, Rem. & Bal. Code, § 558 (P. C. 223, § 59) provides as follows :
“In order to select a homestead the husband or other head of a family, ór in case the husband has not made such selection, the wife must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead, and file the…
2Cases cited7 opinions
- Whitworth v. McKeeWashington Supreme Court · 1903
- Donaldson v. WinninghamWashington Supreme Court · 1908
- Woodstock Iron Co. v. RichardsonSupreme Court of Alabama · 1891
- Richardson v. Woodstock Iron Co.Supreme Court of Alabama · 1890
- Beck v. SowardCalifornia Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States Fidelity & Guaranty Co. v. AllowayWashington Supreme Court · 1933
- Shemilt v. SturosWashington Supreme Court · 1937
- Coopman v. Citizens State Bank of OmakCourt of Appeals for the Ninth Circuit · 1936