Sexton v. Sutherland
North Dakota Supreme Court
Appeal from the District Court of Stark County, W. C. Crawford, J. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife.
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Appeal from the District Court of Stark County, W. C. Crawford, J. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife. Swingle v. Swingle, 36 N. D. 611; Tusk v. Studt, 37 N. D. 221, 163 N. W. 1066; Rasmussen v. Stone, 30 N. D. 541; Severtson v. Peoples, 28 N. D. 382; Deiter v. Praine, 20 N. D. 484. A mortgage upon the homestead which has not been signed and acknowledged by the wife, is utterly void and of no effect. Justice v. Soud•er, 19 N. D. 618; Gaar, S. & Co.…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in an action brought to determine adverse claims to a parcel of land described as lot 2, block 2, in the Hilliard & Manning’s second addition to the city of Dickinson. The identical action has been once before this court upon an appeal from an order overruling a demurrer to the complaint. Sexton v. Sutherland, 37 N. D. 500, 164 N. W. 278. Other litigation involving the homestead right here in controversy, as between some of these parties and another mortgagee, has also been before this court. Mandan Mercantile Co. v. Sexton, 29 N. D. 602, 151 N. W. 780, Ann.…
2Cases cited6 opinions
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Silander v. GronnaNorth Dakota Supreme Court · 1906
- Gaar, Scott & Co. v. CollinNorth Dakota Supreme Court · 1906
- Sexton v. SutherlandNorth Dakota Supreme Court · 1917
- Justice v. SouderNorth Dakota Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928