Powers v. Pense
Wyoming Supreme Court
Error to the District Court, Sheridan County; Hon. Carroll H. Parmeeee, Judge. The action was brought by Lillie Powers against John W. Pense and J. D. Powers for the purpose of quieting the title of the plaintiff to certain premises claimed by her as a homestead. Judgment was rendered for the defendants and the plaintiff prosecuted error. The material facts are stated in the opinion.
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Error to the District Court, Sheridan County; Hon. Carroll H. Parmeeee, Judge. The action was brought by Lillie Powers against John W. Pense and J. D. Powers for the purpose of quieting the title of the plaintiff to certain premises claimed by her as a homestead. Judgment was rendered for the defendants and the plaintiff prosecuted error. The material facts are stated in the opinion. The second mortgage did not operate to convey or release the homestead right, there being no recital therein that both the husband and wife released or waived the right of homestead, as required by section 3662,…
1Opinion of the Court
Potter, Justice.
This action was brought in the District Court by the plaintiff in error to quiet her title to certain real estate. She alleged that she was in possession of the property and the ovyner thereof in fee simple. The answer of each defendant alleged the execution and delivery of two mortgages by the plaintiff in error and her husband, the first on May 6, 1904, and the second on July 12, 1906, the foreclosure of the first mortgage, which was given for the purchase-money of the land; the redemption from the sale upon that foreclosure with money advanced for that purpose by the…
2Cases cited41 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Ogle v. KoernerIllinois Supreme Court · 1892
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
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3Cited by14 opinions
- McConnell v. DixonWyoming Supreme Court · 1951
- Geist v. Converse County BankDistrict Court, D. Wyoming · 1987
- First Southwestern Financial Services v. LairdWyoming Supreme Court · 1994
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
- In Re HemingsonUnited States Bankruptcy Court, D. Minnesota · 1988
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