Kiesel v. Clemens
Idaho Supreme Court
APPEAL from District Court, Bannock County. Admitting, for the sake of argument, that at the time the declaration of homestead was filed that the said defendant. Clemens was using the premises as a hotel, still we claim that under our statute it was subject to homestead.
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APPEAL from District Court, Bannock County. Admitting, for the sake of argument, that at the time the declaration of homestead was filed that the said defendant. Clemens was using the premises as a hotel, still we claim that under our statute it was subject to homestead. Section 3035 ■of the Eevised Statutes of Idaho defines a homestead to “consist of the dwelling-house in which the claimant resides and the land on which the same is situated, selected as in this title provided.” (Heathman v. Holmes, 94 Cal. 291, 29 Pac. 404.) The only tests are use and value. (Gaylord v. Place, 98 Cal. 472,…
1Opinion of the CourtHuston, C. J.
— This is an action to recover possession of certain real estate situated in Soda Springs, Bannock county, state of Idaho, and to quiet the title thereto in plaintiff. The complaint alleges recovery of a judgment by plaintiff against defendant, execution and sale thereon, and deed to plaintiff, as purchaser, by the sheriff, demand of possession by plaintiff, and refusal by defendant. Defendant answers, admitting the judgment, but alleges that, at the time said deed was executed and delivered by the sheriff, the time for redemption under said sale had not expired, and claims that for that…
2Cases cited5 opinions
- Binzel v. GroganWisconsin Supreme Court · 1886
- Heathman v. HolmesCalifornia Supreme Court · 1892
- Kelly v. BakerSupreme Court of Minnesota · 1865
- Umland v. HolcombeSupreme Court of Minnesota · 1879
- Gaylord v. PlaceCalifornia Supreme Court · 1893
3Cited by9 opinions
- In Re GreeneUnited States Bankruptcy Court, D. Nevada · 2006
- In Re PichUnited States Bankruptcy Court, D. Idaho · 2000
- Moody v. BakerOregon Supreme Court · 1933
- Lindsay v. ScottWashington Supreme Court · 1909
- Nodine v. First National BankOregon Supreme Court · 1902
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