Blatchley v. Dakota Land & Cattle Co.
North Dakota Supreme Court
Appeal from the District Court of Dunu County, Crawford, J. The husband is the head of the family and has the right to choose the home, or that place of domicil denominated the homestead, and the actual presence of the wife is not necessary to the inception and preservation of the homestead.
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Appeal from the District Court of Dunu County, Crawford, J. The husband is the head of the family and has the right to choose the home, or that place of domicil denominated the homestead, and the actual presence of the wife is not necessary to the inception and preservation of the homestead. Rev. Codes, 1905, § 4076 ; Rosholt v. Mehus, 3 N. D. 514, 23 L.R.A. 239, 57 N. W. 783; Gaar, S. & Co. v. Collin, 15 N. D. 622, 110 N. W. 81. Even though the wife does not live with her husband on the homestead, or in this state, yet she has her interest in the homestead, and same could not be transferred…
1Opinion of the CourtBueice, J.
Tbis is an action by a widow to bave set aside a deed executed by tbe busband alone, to a tract of land upon wbicb sbe bad never resided. Tbe plaintiff was married in 1881 at Cedar Eapids, Iowa, where sbe and ber busband lived until 1894, when they went to Bowdle, South Dakota. While staying at a hotel at tbe latter place, tbe husband deserted tbe wife, stating to ber that be was going to look up a location further west. According to ber testimony, sbe did not see him again for a year, when sbe went to tbe city of Dickinson, North Dakota, and discovered that be was living upon a ranch near…
2Cases cited19 opinions
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Smith v. UzzellTexas Supreme Court · 1882
- Beranek v. BeranekWisconsin Supreme Court · 1902
- Guiod v. GuiodCalifornia Supreme Court · 1860
- Blumer v. AlbrightNebraska Supreme Court · 1902
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3Cited by2 opinions
- Krueger v. GrothWisconsin Supreme Court · 1926
- Tromsdahl v. NassNorth Dakota Supreme Court · 1914