Mansfield v. Hill
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit for partition by Hattie E. Mansfield, the owner of an undivided one-third of 160 acres of land, and by Alfred L. and Naomi C. Mansfield, infants, in and to the family homestead, of which their father Claude H. Mansfield, died possessed, consisting of an undivided two-thirds of said 160 acres of land situated in Marion County Oregon, and to quiet the adverse claims of the defendants J. L.…
Read the full summary
From Marion: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit for partition by Hattie E. Mansfield, the owner of an undivided one-third of 160 acres of land, and by Alfred L. and Naomi C. Mansfield, infants, in and to the family homestead, of which their father Claude H. Mansfield, died possessed, consisting of an undivided two-thirds of said 160 acres of land situated in Marion County Oregon, and to quiet the adverse claims of the defendants J. L. Hill and Addie M. Thompson thereto. On October 24, 1904, Claude H. Mansfield obtained a patent under the homestead laws of…
1Opinion of the CourtJustice Eakin
1. The. first question for consideration is whether the said 160 acres of land constitute the homestead of Claude H. Mansfield under the homestead exemption statute of this State. Sections 221-226, B. & C. Comp. This law is only a statute of exemption, and contains no other elements. It does not create a homestead in which the wife or children have any right or title other than the right of owner thereof, or the wife, husband, agent, or attorney of such owner, to claim it exempt from attachment, levy, or sale on execution, and this right to claim such exemption continues after the death of…
2Cases cited11 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Heirs of Clark v. EllisOregon Supreme Court · 1881
- Hubbard v. HubbardOregon Supreme Court · 1879
- Miller v. MillerSupreme Judicial Court of Maine · 1874
- Creyts v. CreytsMichigan Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Prime v. PrimeOregon Supreme Court · 1943
- Gardine v. CotteySupreme Court of Missouri · 1950
- Blades v. SzataiCourt of Appeals of Maryland · 1927
- Mason v. MasonOregon Supreme Court · 1934
- Swanson v. GrahamWashington Supreme Court · 1947
66 more not listed; retrieve them via the Exa API.