Patnode v. Deschenes
North Dakota Supreme Court
Appeal from District Court, Walsh county; W. J. Kneeshazv, J. Action by Celina Patnode against Joseph Deschenes and W. C. Leistikow. Judgment for defendants, and plaintiff appeals. Both spouses must sign and acknowledge instrument affecting homestead. Rev. Codes 1899, section 3608. Statute must be literally complied with.
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Appeal from District Court, Walsh county; W. J. Kneeshazv, J. Action by Celina Patnode against Joseph Deschenes and W. C. Leistikow. Judgment for defendants, and plaintiff appeals. Both spouses must sign and acknowledge instrument affecting homestead. Rev. Codes 1899, section 3608. Statute must be literally complied with. Section 4, chapter 67, laws of 1891; Cumps ,v .Kuyo, 80 N. W. 937; Dunn v. Tozer, 10 Cal. 167; Lies v. DeDiablar, 12 Cal. 328; Merced Bank v. Rosenthal et al., 31 Pac. 849; Horboch v. Tyrrell, 67 N. W. 485; Havemeyer v. Dahn et al., 67 N. W. 489; Sav. & Loan Ass’n. v.…
1Opinion of the CourtYoung, J.
The plaintiff brought this action to set aside a conveyance, in form a warranty deed, purporting to have been executed by the plaintiff and her husband on April 15, 1895, and conveying 160 acres of land situated in Walsh county to one Joseph Desehenes; also to set aside a certain mortgage thereon subsequently executed by Desehenes in favor of William C. Leistr kow, and securing an indebtedness of $2,000. Paintiff, who, prior to .the execution of the deed above mentioned, concededly was the owner of the premises, alleges as grounds for avoiding it that “no consideration was paid for said…
2Cases cited8 opinions
- Shepherd v. MaySupreme Court of the United States · 1885
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Fisher v. MeisterMichigan Supreme Court · 1872
- Red River Valley Land & Investment Co. v. SmithNorth Dakota Supreme Court · 1898
- Washington Slate Co. v. BurdickSupreme Court of Minnesota · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Klundt v. PfeifleNorth Dakota Supreme Court · 1950
7 more not listed; retrieve them via the Exa API.