Legal Opinion

Volker-Scowcroft Lumber Co. v. Vance

Utah Supreme Court

Decided February 6, 1907No. 1791PublishedCited by 23 opinions

Appeal from District Court, Weber County; J. A. Howell, Judge. Action by the Volker-Scowcroft Lumber Company against Mary Flinders Vanee and another. From a judgment for plaintiff, defendant Mary Flinders Vance appeals. APPELLANT'S POINTS. It is true in a marital sense that the husband is the head of the family, but if the family domicile is owned by the wife she is the head of the family for the purpose of protecting-the exemption.

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Appeal from District Court, Weber County; J. A. Howell, Judge. Action by the Volker-Scowcroft Lumber Company against Mary Flinders Vanee and another. From a judgment for plaintiff, defendant Mary Flinders Vance appeals. APPELLANT'S POINTS. It is true in a marital sense that the husband is the head of the family, but if the family domicile is owned by the wife she is the head of the family for the purpose of protecting-the exemption. (Thompson on Homesteads’, secs. 40, 41, 220, 225 and cases cited in notes; McPhee v. O’Bouclce, 10 Col. 331, 15 Pac. 420, 3 Am. St. 579; Stout v. Bapp, 17 Neb.…

1Opinion of the CourtSteaup, J.

1. This action is brought to foreclose a materialman’s lien. It is alleged in the complaint that the defendant Mary Flinders Yance was the owner of certain lots in Ogden City, Utah; that she let a contract to defendant Peterson to construct a dwelling on the premises-; that the plaintiff, at the request of both defendants, furnished building material which was used in the construction of the house, and which remained unpaid; and that a notice of intention to claim a lien was filed for record. The defendant Vance answered, admitting her ownership of the lots, the letting of the contract to…

2Cases cited12 opinions

  1. Moran v. ClarkWest Virginia Supreme Court · 1887
  2. Sampson v. WilliamsonTexas Supreme Court · 1851
  3. Tuttle v. StroutSupreme Court of Minnesota · 1862
  4. Kimball v. SalisburyUtah Supreme Court · 1898
  5. Donaldson v. VoltzWest Virginia Supreme Court · 1881

7 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. American Bush v. City of South Salt LakeUtah Supreme Court · 2006
  2. Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
  3. Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
  4. P.I.E. Employees Federal Credit Union v. BassUtah Supreme Court · 1988
  5. Wilcox v. ClowardUtah Supreme Court · 1936

18 more not listed; retrieve them via the Exa API.

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