Smith v. Spafford
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by Thomas J. Smith against Edwin T. Spafford and another. From a judgment in favor of defendants, plaintiff appeals. Presumption of abandonment may be overcome by retaining a part of the premises, keeping a portion of household goods and entertaining the intention to re-occupy.
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Appeal from District Court, Grand Forks county; Fisk, J. Action by Thomas J. Smith against Edwin T. Spafford and another. From a judgment in favor of defendants, plaintiff appeals. Presumption of abandonment may be overcome by retaining a part of the premises, keeping a portion of household goods and entertaining the intention to re-occupy. Repenn v. Davis, 34 N. W. 326; Painter v. Steffon, 54 N. W. 229; McDermott v. Kermain, 39 N. W. 537; Wiggins v. Chance, 54 111. 175; Herforth v. Zimmerman, 7 Ky. L. Rep. 696; Reilly v. Reilly, 26 N. E. 604; Torulmson v. Swimey, 76 A. D. 432; Taylor v.…
1Opinion of the CourtMorgan, C. J.
This is a suit in equity to restrain the sheriff and an attachment creditor from taking further proceedings under an attachment levy. The plaintiff is a purchaser of the attachment debtor of the 160 acres involved in the suit. The issue involved is whether Anderson, the attachment debtor, had abandoned the land as his homestead when the attachment writ was levied. It is undisputed that said Anderson occupied the land with his wife *210as their homestead up to December 11, 1902. On that day, they removed from the land to Thompson, 2Jd miles distant therefrom; the 'husband going into the livery…
2Cases cited5 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Repenn v. DavisSupreme Court of Iowa · 1887
- Edmonson v. WhiteNorth Dakota Supreme Court · 1898
- Besancon v. WegnerNorth Dakota Supreme Court · 1907
- Ungers v. ChapmanMichigan Supreme Court · 1906
3Cited by15 opinions
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Farmers State Bank v. SlaubaughNorth Dakota Supreme Court · 1985
- Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928
- Falconer v. Farmers Union Oil Co.North Dakota Supreme Court · 1977
- Justice v. SouderNorth Dakota Supreme Court · 1910
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