McPhee v. O'Rourke
Supreme Court of Colorado
Error to Superior Gourt of Denver. Bridget O’Rourke, defendant in error, who was plaintiff below, filed her complaint there on the 27th day of April, 1883, in which she alleged facts, showing ownership and possession of a certain house and lot in the city of Denver, county of Arapahoe, under the value of $2,000; arid that she had been seized and possessed thereof from the 1st day of .February, 1883; that during all that time she had been, and still remained, a householder,…
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Error to Superior Gourt of Denver. Bridget O’Rourke, defendant in error, who was plaintiff below, filed her complaint there on the 27th day of April, 1883, in which she alleged facts, showing ownership and possession of a certain house and lot in the city of Denver, county of Arapahoe, under the value of $2,000; arid that she had been seized and possessed thereof from the 1st day of .February, 1883; that during all that time she had been, and still remained, a householder, and head of a family, and so occupied the said premises, together with her family, as a homestead; that on the 5th day of…
1Opinion of the Court
Stallcup, C.
By the record and argument three questions are presented for consideration:
1. Under our statute concerning homesteads, has the wife the character of a head of the family, while occupying with her husband her property as a home, to entable her to designate and affect such home with the character of a homestead, so as to exempt it from seizure and sale for the joint debt of herself and husband? The first and fourth sections of the statute are as follows:
“Section 1. Every householder in the state’ of Colorado, being the head of a family, shall be entitled to a homestead not exceeding…
Also in this document: Per curiam.
2Cases cited4 opinions
- Barnett v. KnightSupreme Court of Colorado · 1884
- Allen v. TritchSupreme Court of Colorado · 1880
- Orr v. ShraftMichigan Supreme Court · 1871
- Edmonson v. MeachamMississippi Supreme Court · 1874
3Cited by22 opinions
- Matter of Estate of DodgeColorado Court of Appeals · 1984
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
- Richardson v. WoodwardCourt of Appeals for the Fourth Circuit · 1900
- Bremseth v. OlsonNorth Dakota Supreme Court · 1907
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
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