Adams v. Smith
Wyoming Supreme Court
ERROR to the District Court, Johnson County, Hon. Joseph E. Stotts, Judge. Action by Ann D. Adams against John R. Smith and Agnes D. Smith, his wife, for the possession of certain lands, including a tract claimed b)' the defendants as a homestead. Plaintiff derived title through a foreclosure sale under a mortgage executed by the defendants. John R. Smith suffered default.
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ERROR to the District Court, Johnson County, Hon. Joseph E. Stotts, Judge. Action by Ann D. Adams against John R. Smith and Agnes D. Smith, his wife, for the possession of certain lands, including a tract claimed b)' the defendants as a homestead. Plaintiff derived title through a foreclosure sale under a mortgage executed by the defendants. John R. Smith suffered default. The judgment awarded the homestead to the defendant, Agnes D. Smith, and the other premises to the plaintiff. The plaintiff brought proceedings in error, alleging error in the judgment in so far as it adjudged defendant…
1Opinion of the Court
PoTTRR, JuSTICR.
In this action the plaintiff in error seeks to recover possession of certain real estate situated in Johnson County. Her suit was brought against John R. Smith and his wife, Agnes D. Smith. The latter defended on the ground that a part of the property was and had been the homestead of the defendants, and she had not executed any release thereof. Plaintiff in error was successful except as to the homestead. *211As to the premises constitutng such homestead, the defendant in error, Agnes. D. Smith, was found and adjudged to be entitled to the possession thereof. The plaintiff comes…
2Cases cited14 opinions
- Metropolitan Railroad v. MooreSupreme Court of the United States · 1887
- McDonald v. . WalterNew York Court of Appeals · 1869
- Young v. DuvallSupreme Court of the United States · 1883
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
- Algeo v. . DuncanNew York Court of Appeals · 1868
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3Cited by4 opinions
- Rowray v. Casper Mut. Building & Loan Ass'nWyoming Supreme Court · 1935
- Clegg v. EustaceIdaho Supreme Court · 1925
- Wolbol v. SteinhoffWyoming Supreme Court · 1917
- Picetti v. OrcioNevada Supreme Court · 1936