Lindley v. Davis
Montana Supreme Court
Appeal from District Court, Gallatin County. We submit the following points and authorities to show that our homestead exemption law is derived from the statute of Minnesota, and not from that of California.
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Appeal from District Court, Gallatin County. We submit the following points and authorities to show that our homestead exemption law is derived from the statute of Minnesota, and not from that of California. The homestead exemption law of Minnesota, passed in 1858, is found in the revision of those laws of 1866, at page 498. No homestead exemption law was enacted in Montana until January 7, 1869. See Laws of Fifth Session 1868-69, pp. 77-79. The provisions of our law then passed are identical with those of our present law, except as to the area of a rural homestead, and its provisions are the…
1Opinion of the CourtMcConnell, C. J.
This was an action of ejectment. Respondents, in their answer, disclaimed as to a part of the premises, and set up homestead exemption as to the remainder. Appellant, in his replication, denies the right of respondents to homestead. Trial by the court, sitting instead of a jury. Judgment for defendants, and appeal in error by plaintiff.
There seems to he no dispute about the facts. Those material to be noticed are as follows, to wit: William H. Babcock conveyed an undivided half-interest in fee-simple to the disputed premises — a house and lot — to respondent, Will F. Davis, June 3, 1881; said…
2Cases cited8 opinions
- Thorn v. ThornSupreme Court of Iowa · 1862
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Hewitt v. RankinSupreme Court of Iowa · 1875
- McClary v. BixbySupreme Court of Vermont · 1863
- Wolf v. FleischackerCalifornia Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Neel v. First Federal Savings & Loan Assoc.Montana Supreme Court · 1984
- Merrigan v. EnglishMontana Supreme Court · 1889
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- State Board of Equalization v. FallMontana Supreme Court · 1948
- Ferguson v. SpeithMontana Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.