Legal Opinion

Bachman v. Hurtt

Wyoming Supreme Court

Decided October 27, 1919No. 912PublishedCited by 6 opinions

Appeal from District Court, Sheridan County, HoN. E. C. Raymond, Judge. Action by Theodore Bachmann against Nora D. Hurtt and others. From an adverse judgment, Wyoming Loan and Trust Co. appeals. The former owner of the land, Ida M. Powers, not being the head of a family, was not entitled to a homestead exemption (Const.

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Appeal from District Court, Sheridan County, HoN. E. C. Raymond, Judge. Action by Theodore Bachmann against Nora D. Hurtt and others. From an adverse judgment, Wyoming Loan and Trust Co. appeals. The former owner of the land, Ida M. Powers, not being the head of a family, was not entitled to a homestead exemption (Const. Art XIX, Jones v. Losekamp, 19 Wyo. 83); the judgment of the Trust Co. became a lien upon the cancellation of the old mortgage, which lien was superior to the new mortgage, taken by the plaintiff Bachmann. Under statutes similar to ours it is held that only the head of a…

1Opinion of the Court

Winter, District Judge.

This is an action to foreclose a mortgage dated August 5th, 1914. It secured a promissory note of the same date for $1,600.00, bearing interest at 10 per cent. These instruments were signed by the defendants, Nora D. Hurtt and John M. Hurtt. On February 24, 1914, the defendant Wyoming Doan and Trust 'Company, duly obtained and docketed a judgment in the District Court of Sheridan County for $1,620.30 and costs, against Ida M. Powers and her husband, E. E. Powers, at which time the said Ida M. Powers was the record owner of the real estate in question.

Oh August 6, 1914,…

2Cases cited21 opinions

  1. Swift v. KraemerCalifornia Supreme Court · 1859
  2. Packard v. KingmanSupreme Court of Iowa · 1860
  3. White v. FulghumTennessee Supreme Court · 1889
  4. First National Bank of Sheridan v. Citizens' State Bank of DubuqueWyoming Supreme Court · 1902
  5. Hoy v. AndersonNebraska Supreme Court · 1894

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3Cited by6 opinions

  1. Allen v. AllenWyoming Supreme Court · 1976
  2. Bolln v. La Prele Live Stock Co.Wyoming Supreme Court · 1921
  3. Megown v. FullerWyoming Supreme Court · 1928
  4. Wakeman v. Board of CommissionersWyoming Supreme Court · 1929
  5. Allen v. AllenWyoming Supreme Court · 1976

1 more not listed; retrieve them via the Exa API.

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