Legal Opinion

Carter v. Pickett

Supreme Court of Oklahoma

Decided August 6, 1913No. 2866PublishedCited by 12 opinions

Frror from District Court, Jefferson County; . Frank M. Bailey, Judge. Petition of Mrs.. B. A. Carter against C. J. Pickett, administrator of P. D. 'Carter, to set aside the homestead. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Opinion by

SHARP, C.

Assuming, as contended for by plaintiff in error, that the eight lots in the town of Ryan- constituted, during his lifetime, the homestead of the husband of plaintiff in error, and that at his death said homestead passed to the plaintiff in error, as his surviving wife, as was held in Holmes v. Holmes et al., 27 Okla. 140, 111 Pac. 220, 30 L. R. A. (N. S.) 920, has. the plaintiff in error by her subsequent acts abandoned her right to said lots as a homestead? This is the single question necessary to be determined in this case. The question of abandonment is one of fact.…

2Cases cited13 opinions

  1. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  2. Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
  3. Fyffe v. BeersSupreme Court of Iowa · 1864
  4. Cline v. UptonTexas Supreme Court · 1882
  5. Vittengl v. VittenglSupreme Court of Iowa · 1912

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  2. German State Bank of Elk City v. PtachekSupreme Court of Oklahoma · 1918
  3. Japp v. Sapulpa State BankSupreme Court of Oklahoma · 1923
  4. Lane v. Amis BrothersSupreme Court of Oklahoma · 1935
  5. Greenwood v. WilkinsonSupreme Court of Oklahoma · 1927

7 more not listed; retrieve them via the Exa API.

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