Myrick v. Bill
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Stutsman county; Hon. W. H. FraNCIs, Judge. Was there a right of homestead in these buildings and the land on which they stood on October 19, 1878, so that the signature of Miller’s wife, or her concurrence in the bill of sale, was necessary to its validity ? The homestead law is construed liberally for the family, and strictly against the creditor and purchaser. Thompson, Homesteads, 8; Whittle v. Saunders, 54 Ga. 548, 65 Amer.
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Appeal from the district court of Stutsman county; Hon. W. H. FraNCIs, Judge. Was there a right of homestead in these buildings and the land on which they stood on October 19, 1878, so that the signature of Miller’s wife, or her concurrence in the bill of sale, was necessary to its validity ? The homestead law is construed liberally for the family, and strictly against the creditor and purchaser. Thompson, Homesteads, 8; Whittle v. Saunders, 54 Ga. 548, 65 Amer. Dec. 484. These premises, with the buildings in controversy, occupied by Miller and his family as their home, held under a valid…
1Opinion of the CourtSpbNObe, J.
This was an action of claim and delivery to recover two frame buildings used as a dwelling and store, and ■claimed by the plaintiff to be his property by virtue of a certain bill of sale alleged to have been executed to him October 19,1878, by one Harvey C. Miller, the then owner. The defendants deny that plaintiff is the owner, or entitled to the possession, of said buildings, and allege that at the time of the execution of said bill of sale said defendant Rose A. Bill was the wife of said Harvey C. Miller; that said buildings, and the land on which "they stood, was the homestead of said…
2Cases cited4 opinions
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Moore v. ReavesSupreme Court of Kansas · 1875
- McCabe v. MazzuchelliWisconsin Supreme Court · 1861
3Cited by7 opinions
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Hoy v. AndersonNebraska Supreme Court · 1894
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
- In Re Ryan's EstateNorth Dakota Supreme Court · 1960
- In Re WoodUnited States Bankruptcy Court, D. South Dakota · 1981
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