Porch v. Patterson
Nevada Supreme Court
Appeal from the Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by H. H. Porch against J. C. Patterson and others. From a judgment for the defendants, plaintiff appeals. The signature of respondent to the mortgage was not necessary, under the constitution, as no written declaration of a homestead was ever filed by her.
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Appeal from the Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by H. H. Porch against J. C. Patterson and others. From a judgment for the defendants, plaintiff appeals. The signature of respondent to the mortgage was not necessary, under the constitution, as no written declaration of a homestead was ever filed by her. Section 30, article 4, of the constitution, required the legislature to enact laws providing for the recording of homesteads within the county in which they shall be situated; and in compliance therewith section 2142, Revised Laws, was enacted; and…
1Opinion of the Court
By the Court,
McCarran, J.:
This case presents the precise question involved in the case of First National Bank of Ely v. Meyers, 39 Nev. 235, 150 Pac. 308. Upon authority of that case the judgment will be affirmed.
We appreciate that the question involved in these two cases is of the greatest importance, not only to the parties to these two suits, but to the bar and the people generally. The learned junior justice, who files a dissenting opinion in this case, did not participate in the decision by this court in the Meyers case, supra. In the latter case there is now pending a petition for a…
2Cases cited1 opinion
- First National Bank of Ely v. MeyersNevada Supreme Court · 1916
3Cited by4 opinions
- Nevadans for Nevada v. BeersNevada Supreme Court · 2006
- Porch v. PattersonNevada Supreme Court · 1916
- RAMSEY VS. THE CITY OF N. LAS VEGASNevada Supreme Court · 2017
- RAMSEY VS. THE CITY OF N. LAS VEGASNevada Supreme Court · 2017