Roberts v. Greer
Nevada Supreme Court
Appeal from judgment and order denying motion for new trial, from District Court, Washoe county; A. E. Cheney, District .Judge: On December 16, 1879, the plaintiff and Johanna Roberts, his wife, were living upon and occupying the lands in controversy in this action, which were community property. On that day Johanna duly filed a declaration oT homestead thereon, and they continued to live on the premises until October 25, 1893, when she died.
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Appeal from judgment and order denying motion for new trial, from District Court, Washoe county; A. E. Cheney, District .Judge: On December 16, 1879, the plaintiff and Johanna Roberts, his wife, were living upon and occupying the lands in controversy in this action, which were community property. On that day Johanna duly filed a declaration oT homestead thereon, and they continued to live on the premises until October 25, 1893, when she died. Since then the plaintiff has lived upon and occupied them. They had no children, nor has the plaintiff any dependent relatives living with him. There…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
The question for decision in this case is whether upon the death of the wife the homestead of the parties upon community property remains in the hands of the childless husband as a homestead, and as such exempt from levy and sale foj' his debts. The answer depends upon the construction of our homestead law.
The first section of the act, as amended in 1879 (Stats. 1879, p. 140; Gen. Stats., sec. 539), provides that the husband and wife, or either of them, or other head of a family, may make and file a declaration of homestead, and that thereafter “ the husband and…
2Cases cited9 opinions
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