Legal Opinion

O'Hare v. Bismarck Bank

North Dakota Supreme Court

Decided July 3, 1920PublishedCited by 7 opinions

Appeal from tbe District Court of Burleigb County; Honorable W. L. Neussle, Judge. Even tbougb there was at one time a homestead estate of plaintiff’s and respondent’s vendor in the real property involved in this action, such estate was lost through abandonment of the premises as a home.

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Appeal from tbe District Court of Burleigb County; Honorable W. L. Neussle, Judge. Even tbougb there was at one time a homestead estate of plaintiff’s and respondent’s vendor in the real property involved in this action, such estate was lost through abandonment of the premises as a home. Hall v. Holland, 138 Minn. 403, 165 N. W. 233; Clark v. De-oy, 71 Minn. 108, 73 N. W. 639; Wapello Co. v. Brady, 118 Iowa, 482, 92 N. W. 717; Clemans v. Penfield, 111 Iowa, 511, '82 N. W. 947; Blodgett v. Lawrence (Wfc.) 97 Atl. 666; Jarvais v. Moe, 38 Wis. 440; Be Phelan, 16 Wis. 79; Davis v. Andrews, 30 Yt.…

1Opinion of the CourtBobinson, J.

The plaintiff brings this action to qniet his title to a house and lot, which is No. 705, Sixth street, Bismarck. In August, 1919, the plaintiff purchased the lot from Ida B. Healy, against whom there were two judgments docketed, a judgment docketed in February, 1904, for $486.78, on which execution had been issued and levied on the property; a judgment docketed in August, 1911, for $150.40. The complaint avers that when the judgments were obtained and when the property was conveyed to the plaintiff it was the actual homestead of Ida B. Healy. Defendants appeal from a judgment quieting title.

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2Cases cited2 opinions

  1. First International Bank v. LeeNorth Dakota Supreme Court · 1913
  2. Healy v. Bismarck BankNorth Dakota Supreme Court · 1915

3Cited by7 opinions

  1. Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
  2. Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928
  3. Meidinger v. Security State BankNorth Dakota Supreme Court · 1927
  4. Succession of Purdy v. KlockSupreme Court of Louisiana · 1934
  5. Malloy, et al. v. BehrensNorth Dakota Supreme Court · 2024

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