Jones v. Losekamp
Wyoming Supreme Court
. Error to the District Court, Big Horn County, HoN. Carroll H. ParMEleE, Judge. The. material facts are stated in the opinion. The provisions of the statutes restricting the method of conveying or incumbering a homestead have been held to be. mandatory, and that an instrument not executed in the manner required by such statutes is invalid as to the homestead.
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. Error to the District Court, Big Horn County, HoN. Carroll H. ParMEleE, Judge. The. material facts are stated in the opinion. The provisions of the statutes restricting the method of conveying or incumbering a homestead have been held to be. mandatory, and that an instrument not executed in the manner required by such statutes is invalid as to the homestead. (Bank v. Bank, 11 Wyo. 56.) Although the instrument in question is called a lease by the parties, it is in effect a grant in praesenti of all the oil and other minerals in the lands described, which minerals are an integral part of the…
1Opinion of the Court
Beaed, Chief Justice.
The plaintiffs in error, Edward E. Jones and Lettisha Jones, brought this action against the defendants in error, John D. Losekamp and the Montana and Wyoming Oil Company, to cancel a certain lease executed by plaintiffs to defendant Losekamp and to enjoin defendants from occupying the leased premises, or interfering with defendants’ rights therein. Upon the trial of the cause the court dismissed the petition on the merits and rendered judgment against .plaintiffs for the costs of the action. From that judgment plaintiffs bring error.
On April 14, 1906, and prior thereto,…
2Cases cited7 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Gillespie v. Fulton Oil & Gas Co.Illinois Supreme Court · 1908
- Wallace v. HarrisMichigan Supreme Court · 1875
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Watson v. DoyleIllinois Supreme Court · 1889
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3Cited by7 opinions
- Stolldorf v. StolldorfWyoming Supreme Court · 1963
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Geist v. Converse County BankDistrict Court, D. Wyoming · 1987
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
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