Holcomb v. Holcomb
North Dakota Supreme Court
Appeal from District Court, Barnes county; Burke, J. Emra J. Holcomb, .a minor, through his guardian, Lucy A. Holcomb, petitioned the county court to set apart to himself premises as the homestead of Alanson L. Holcomb, deceased. The .petition was granted by the county court, and Edward J. Holcomb and others appeared to -the district court, where such order was reversed, and Emra J. Holcomb appeals.
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Appeal from District Court, Barnes county; Burke, J. Emra J. Holcomb, .a minor, through his guardian, Lucy A. Holcomb, petitioned the county court to set apart to himself premises as the homestead of Alanson L. Holcomb, deceased. The .petition was granted by the county court, and Edward J. Holcomb and others appeared to -the district court, where such order was reversed, and Emra J. Holcomb appeals. Right of homestead survives a divorce and remains with the holder of the record title. Biffle v. Pullman, 21 S. W. 450; Blandy v. Asher, 72 Mo. 27. Redfern v. Redfern, 38 111. 509; Stahl v. Stahl,…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of Barnes county, and comes here for trial de novo under the provisions of section 7229, Rev. Codes 1905.
The facts -are not in dispute, and are briefly as follows: Alanson. L. Holcomb, deceased, and Lucy A. Holcomb, were husband and' wife. Emra J. Holcomb is the lawful issue of such marriage. In the fall of 1898 the said Alanson L. Holcomb and -his wife, Lucy,, together with their minor son Emra, went to reside upon the N. W. J4 of section 10, township 142 N. of range 57_W., in Barnes county, which real property was owned by the husband.…
2Cases cited3 opinions
- Biffle v. PullamSupreme Court of Missouri · 1893
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
- Heaton v. SawyerSupreme Court of Vermont · 1888
3Cited by11 opinions
- Lang v. LangCalifornia Supreme Court · 1920
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Young v. WhiteNorth Dakota Supreme Court · 1978
- Justice v. SouderNorth Dakota Supreme Court · 1910
- Armstrong-McClenahan Co. v. RhoadsSupreme Court of Iowa · 1917
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