Swingle v. Swingle
North Dakota Supreme Court
'Appeal from the District Court of Stark County, W. O. Crawford, Judge. The homestead declaration does not operate to preserve the homestead for any time, after the homestead has been abandoned in fact and in intention. Kuhnert v. Conrad, 6 N. D. 220, 69 N. W. 185. The homestead right is not, during the continuance of the family relation, a “right” or “interest” or “estate” in land.
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'Appeal from the District Court of Stark County, W. O. Crawford, Judge. The homestead declaration does not operate to preserve the homestead for any time, after the homestead has been abandoned in fact and in intention. Kuhnert v. Conrad, 6 N. D. 220, 69 N. W. 185. The homestead right is not, during the continuance of the family relation, a “right” or “interest” or “estate” in land. It is a mere “right to an exemption,” or “veto power over the husband’s right to convey or mortgage.” 21 Cyc. 460 (b) ; Somers v. Somers, 27 S. D. 500, 36 L.P.A.(N.S.) 1024, 131 N. W. 1091; Helgebye v. Dammen, 13…
1Opinion of the CourtGrace, J.
The complaint of fact alleges that plaintiff and defendant were and are husband and wife, and were married March 20, 1914. That at the time of said marriage the defendant was the owner of the north half of the northeast quarter and the north half of the northwest ■quarter, section 20, township 10, range 102, Billings county, North Dakota, upon which said land defendant H. P. Swingle established and made his home with plaintiff, which said land defendant had acquired from the United States government under the homestead laws thereof. That on the 18th day of September, 1914, and while defendant…
2Cases cited15 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Engholm v. EkremNorth Dakota Supreme Court · 1908
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Williams v. WilliamsTexas Supreme Court · 1978
- Farstveet v. RudolphNorth Dakota Supreme Court · 2001
- Larson v. ColeNorth Dakota Supreme Court · 1948
- Watson v. WatsonSupreme Court of Kansas · 1920
- Michelman v. FryeCalifornia Court of Appeal · 1965
22 more not listed; retrieve them via the Exa API.