Estate of Walley
Nevada Supreme Court
Appeal from the District, Court of the Second Judicial District, Douglas County. The facts are stated in the opinion, I. The acts of Walley and wife were sufficient under the existing law concerning homesteads and the state constitution subsequently adopted, to stamp the character of homestead upon said premises and to indicate their selection and dedication thereof as a homestead, and long before the homestead law of 1864-5 was enacted Walley and his wife had a vested…
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Appeal from the District, Court of the Second Judicial District, Douglas County. The facts are stated in the opinion, I. The acts of Walley and wife were sufficient under the existing law concerning homesteads and the state constitution subsequently adopted, to stamp the character of homestead upon said premises and to indicate their selection and dedication thereof as a homestead, and long before the homestead law of 1864-5 was enacted Walley and his wife had a vested homestead right in said premises. (Const., Art. IY, sec. 30; Goldman v. Clark, 1 Nev. 607; Clark v. Shannon, 1 Id. 568; Act…
1Opinion of the Court
By the Court,
Beatty, J.:
This is an appeal from an order denying the petition of appellant to have a homestead set apart for her use and declared not subject to administration. The material facts disclosed by the statement on appeal are as follows: Petitioner and deceased were married prior to the year 1863. During that year they commenced residing on the premises now claiirted as a homestead, and resided there continuously until the death of the husband in 1875. No declaration of homestead was ever made or filed by them, or either of them, although all the facts existed which would have…
2Cases cited1 opinion
- Hawthorne v. SmithNevada Supreme Court · 1867
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