Oylear v. Oylear
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District, for Latab County. Edgar C. Steele, Judge. Action for partition of real property. Judgment quieting title in respondents. Tbe homestead declaration of Mrs. Oylear was valid. It does not recite in tbe words of tbe statute tbe reason wby Mrs. Oylear made it, but merely states that ber husband had made no declaration and that she made it for their joint benefit.
Read the full summary
APPEAL from tbe District Court of tbe Second Judicial District, for Latab County. Edgar C. Steele, Judge. Action for partition of real property. Judgment quieting title in respondents. Tbe homestead declaration of Mrs. Oylear was valid. It does not recite in tbe words of tbe statute tbe reason wby Mrs. Oylear made it, but merely states that ber husband had made no declaration and that she made it for their joint benefit. (Rev. Stats., see. 3071; Wilcox v. Deere, 5 Ida. 545, 51 Pac. 98.) The execution of a homestead declaration is ex parte and of an ex parte instrument, and tbe statutes as to…
1Opinion of the CourtBudge, J.
This is an action to partition certain real property, instituted in the court below by certain brothers and sisters, and children of deceased brothers and sisters, descendants of Jonathan C. Oylear by his first wife, Sarah A., against Mary Alice Oylear and certain children, descendants of Jonathan C. Oylear by his second wife, Mary Alice, and against James J. Keane, executor of the estate of Jonathan O. Oylear.
From the record it appears that on or about January 10, 1885, Jonathan O. Oylear and Sarah A. Oylear were husband and wife, and that on May 16, 1891, they were residing upon the…
2Cases cited10 opinions
- In Re the Estate of FathCalifornia Supreme Court · 1901
- Schuyler v. BroughtonCalifornia Supreme Court · 1886
- Weinreich v. HensleyCalifornia Supreme Court · 1898
- Saddlemire v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1904
- Tyrrell v. BaldwinCalifornia Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hanson v. RogersIdaho Supreme Court · 1934
- Johnson v. Strong Arm Reservoir Irrigation DistrictIdaho Supreme Court · 1960
- Hillcrest Irr. Dist. v. Nampa Etc. Irr. Dist.Idaho Supreme Court · 1937
- Hillcrest Irrigation District v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1937
- Quinlan v. PearsonIdaho Supreme Court · 1950
5 more not listed; retrieve them via the Exa API.