Mandan Mercantile Co. v. Sexton
North Dakota Supreme Court
From a judgment of foreclosure ordered by tbe District Court of Stark County, Leighton, Special Judge, defendants appeal.
Read the full summary
From a judgment of foreclosure ordered by tbe District Court of Stark County, Leighton, Special Judge, defendants appeal. Land purchased with a specific intention of making it the homestead, and in pursuance of such intention the purchaser makes improvements thereon and preparation for occupancy, may be claimed as exempt even before actual residence commences. 21 Cyc. 475; Scofield v. Hopkins, 61 Wis. 370, 21 N. W. 259; Davis v. Kelly, 62 Neb. 642, 87 N. W. 347; Woolcut v. Lerdell, 78 Iowa, 668, 43 N. W. 609. A mortgage of the homestead that is not signed by husband and wife is void. Kev.…
1Opinion of the CourtGoss, J.
Tbe question for decision is a mixed one of law and fact. Tbe premises was mortgaged by tbe husband without tbe wife joining therein. If tbe property was tbe family homestead at tbe time, the mortgage is concededly void. If not it is valid.
Tbe husband purchased tbe 2 acre tract in 1909. Plaintiff and wife owned no residence or other real property, though they have live'd for many years in Dickinson. Plaintiff cropped tbe tract to oats and potatoes in 1909, 1910, and 1911. In 1910 they fenced it. Both testify they “bought it to make a home of it.” A portion of tbe purchase price was paid by…
2Cases cited21 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Hawthorne v. SmithNevada Supreme Court · 1867
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928
- Yusko v. StudtNorth Dakota Supreme Court · 1917
- Sexton v. SutherlandNorth Dakota Supreme Court · 1919