Watterson v. E. L. Bonner Co.
Montana Supreme Court
Appeal from, District Court, Deer Lodge County. Theo. Brantley, Judge. An action by Sarah M. Watterson against the E. L. Bonner Company, a corporation, and John W. Nelson, sheriff of Deer Lodge county. Judgment for plaintiff; and defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal from, District Court, Deer Lodge County. Theo. Brantley, Judge. An action by Sarah M. Watterson against the E. L. Bonner Company, a corporation, and John W. Nelson, sheriff of Deer Lodge county. Judgment for plaintiff; and defendants appeal. Statement of the case by the justice delivering the opinion. It appears from the record in this case that the plaintiff is the wife of one James A. Watterson, and that in the month of March, 1890, the plaintiff, with her said husband and minor children, located on the land described in the complaint, which was at that time surveyed public land. The…
1Opinion of the CourtPemberton, C. J.
The first question to be determined is as to whether a person may claim a homestead which is situated on public land of the United States.
This question has been decided by the supreme court of the state of California in a number of cases. In Spencer v. Geissman, 37 Cal. 96, Chief Justice Sawyer, speaking for the court, says:
“The statute does not specify the kind of title a party shall have in order to enable him to secure a homestead. It says nothing about title. The homestead right given by the statute is impressed on the land to the extent of the interest of the claimant in it, not on the…
2Cases cited7 opinions
- Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888
- Brooks v. HydeCalifornia Supreme Court · 1869
- Conklin v. FosterIllinois Supreme Court · 1870
- Spencer v. GeissmanCalifornia Supreme Court · 1869
- Gaylord v. PlaceCalifornia Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- Bell v. WilsonCalifornia Supreme Court · 1916
- Mennell v. WellsMontana Supreme Court · 1915
- Miller v. Farmers State Bank of TempleSupreme Court of Oklahoma · 1929
1 more not listed; retrieve them via the Exa API.