Weare v. Johnson
Supreme Court of Colorado
Appeal from the District Court of Weld County. This is an action to determine the right of possession to certain real estate in Weld county, viz., the west half of the northeast quarter, and the east half of the northwest quarter In the third defense it is alleged that the land was originally filed on as a United States homestead entry in 1884, but that final proof was made December 7, 1888, as a preemption entry, but it is averred that the premises were occupied by…
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Appeal from the District Court of Weld County. This is an action to determine the right of possession to certain real estate in Weld county, viz., the west half of the northeast quarter, and the east half of the northwest quarter In the third defense it is alleged that the land was originally filed on as a United States homestead entry in 1884, but that final proof was made December 7, 1888, as a preemption entry, but it is averred that the premises were occupied by defendant Nathan Weare and his wife as a homestead. It is contended by counsel that without any entry of the word homestead in…
1Opinion of the CourtChief Justice Hayt
It is admitted in the third amended defense that the defendant, Nathan Weare, took nothing by his homestead filing in the United States land office, as he had previously exhausted *365his homestead right. The title acquired by him was by virtue of the preemption laws and not otherwise; hence no exemption is claimed under the provisions of the United States statutes with reference to homesteads, as in the case of Mercantile Co. v. Davis, 18 Colo. 93. Exemption is, however, claimed under the proviso of the following statute of this state, viz:
“ Every interest in land, legal and equitable, shall be…
2Cases cited5 opinions
- Barnett v. KnightSupreme Court of Colorado · 1884
- Stone v. DarnellTexas Supreme Court · 1857
- Hawthorne v. SmithNevada Supreme Court · 1867
- Letchford v. CaryMississippi Supreme Court · 1876
- Struby-Estabrook Mercantile Co. v. DavisSupreme Court of Colorado · 1892
3Cited by26 opinions
- Lincoln v. Cherry Creek Homeowners Ass'n (In Re Lincoln)United States Bankruptcy Court, D. Colorado · 1983
- In Re FryUnited States Bankruptcy Court, D. Colorado · 1988
- In Re JacksonUnited States Bankruptcy Court, D. Colorado · 1987
- Wallace v. First National BankSupreme Court of Colorado · 1952
- In re YoungstromCourt of Appeals for the Eighth Circuit · 1907
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