Legal Opinion

Tromsdahl v. Nass

North Dakota Supreme Court

Decided March 14, 1914PublishedCited by 5 opinions

Appeal from the district court of Williams county, Frank Fisk, J. The husband is the head of the family. ITe may choose any reasonable place or mode of living, and the wife must conform thereto. Rev. ■Codes 1905, § 4076. A conveyance of the homestead must be executed by both husband and wife. Rev. Codes 1905, § 5052. A mortgage on the homestead, executed by the husband alone, is not voidable, but wholly void.

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Appeal from the district court of Williams county, Frank Fisk, J. The husband is the head of the family. ITe may choose any reasonable place or mode of living, and the wife must conform thereto. Rev. ■Codes 1905, § 4076. A conveyance of the homestead must be executed by both husband and wife. Rev. Codes 1905, § 5052. A mortgage on the homestead, executed by the husband alone, is not voidable, but wholly void. Graar, S. & Co. v. Collin, 15 N. D. 622, 130 N. W. 81; Helgebye v. Dammen, 13 N. D. 167, 100 N. W. 245; Siiander v. Gronna, 15 N. D. 552, 125 Am. St. Rep. 616, 108 N. W. 544; Rev. Codes…

1Opinion of the CourtGoss, J.

Plaintiff brings this action to foreclosure a real-estate mortgage upon land in Williams county, owned by the original homesteader, Theodore Nass, who admittedly executed and delivered his promissory notes for $1,070 and interest, secured by real-estate mortgage, signed by himself alone, to this plaintiff, his brother. This mortgage was recorded two years before that of defendant and sole appellant, Duncan Beaton, who has defended for himself alone, and asked foreclosure of *444liis $800 mortgage, taken and recorded subsequent to plaintiff’s mortgage, which first mortgage he desires to have…

2Cases cited22 opinions

  1. Prater v. PraterTennessee Supreme Court · 1888
  2. Dieter v. FraineNorth Dakota Supreme Court · 1910
  3. Calmer v. CalmerNorth Dakota Supreme Court · 1906
  4. Rosholt v. MehusNorth Dakota Supreme Court · 1894
  5. Christy v. DyerSupreme Court of Iowa · 1863

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

3Cited by5 opinions

  1. In Re Estate of Van MeterDistrict Court of Appeal of Florida · 1968
  2. Croker v. CrokerCourt of Appeals for the Fifth Circuit · 1931
  3. Birks v. Globe International Protective BureauNorth Dakota Supreme Court · 1928
  4. Duda v. BebenWisconsin Supreme Court · 1948
  5. Krumenacker v. AndisNorth Dakota Supreme Court · 1917

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