Mallard v. First National Bank
Nebraska Supreme Court
Appeal from the district court of Lincoln county. Heard below before Church, J. The opinion contains a statement of facts. A homestead, to be exempt, must be owned and occupied by a resident of this state.
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Appeal from the district court of Lincoln county. Heard below before Church, J. The opinion contains a statement of facts. A homestead, to be exempt, must be owned and occupied by a resident of this state. (Compiled Statutes, sec. 1, ch. 36 ; Bowker v. Collins, 4 Neb., 496.) When Mr. Mallard removed to Colorado with his family and there established his home, where he continued to reside for nearly two years, renting his former homestead in Nebraska, he abandoned his Nebraska homestead and acquired a residence in Colorado. (Vasey v. Board of Trustees of Washington County, 59 111., 188; Swaney…
1Opinion of the CourtHarrison, J.
On the 11th day of June, 1891, the appellees filed a petition in the district court of Lincoln county, and commenced an action against appellant, alleging that appellees were the owners and in possession of lot 8 in block 106, in the city of North Platte, in said county, together with the dwelling house situated thereon, which they were occupying as a home and had so occupied since January, 1890; *786that they were husband and wife and had a son eleven years of age dependent upon them for support, and owned no other lands, town lots, nor houses subject to exemption that on or about December 3,…
2Cases cited4 opinions
- Courtnay v. PriceNebraska Supreme Court · 1881
- Brown v. HurstNebraska Supreme Court · 1874
- McLaughlin v. SanduskyNebraska Supreme Court · 1885
- Worthington v. WorthingtonNebraska Supreme Court · 1891
3Cited by9 opinions
- Charisse v. EldredSupreme Court of Arkansas · 1972
- Corey v. Schuster, Hingston & Co.Nebraska Supreme Court · 1895
- Titlow v. McCormickCourt of Appeals for the Ninth Circuit · 1916
- Minnesota Stoneware Co. v. McCrossenWisconsin Supreme Court · 1901
- Christensen v. SmithNebraska Supreme Court · 1932
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