Healy v. Bismarck Bank
North Dakota Supreme Court
Appeal from tbe District Court of Burleigh County, Nuessle, J. Action to avoid the lien of a judgment and to enjoin the execution thereof. Judgment for plaintiff. Defendants appeal. Respondent never filed any declaration of homestead as to the land involved. She owned the fee title. No family was with her, and she: occupied only a room in the house, -at intervals, the property being; rented out by the month to strangers.
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Appeal from tbe District Court of Burleigh County, Nuessle, J. Action to avoid the lien of a judgment and to enjoin the execution thereof. Judgment for plaintiff. Defendants appeal. Respondent never filed any declaration of homestead as to the land involved. She owned the fee title. No family was with her, and she: occupied only a room in the house, -at intervals, the property being; rented out by the month to strangers. The homestead laws are not for the benefit of individuals, but for the family as a whole. Dieter v. Frame, 20 N. D. 484, 128 N. W. 684; First International Bank v. Lee, 25 N.…
1Opinion of the CourtBruce, J.
The only question in this case is whether the plaintiff,
Ida B. Healy, had, at the time of the levy of the execution, a homestead interest in a certain house and lot in the city of Bismarck.'
*632The only testimony upon the question is given by herself, and is as follows: I am the widow of Anderson Healy and the plaintiff in this action. We were married in 1882, in Nova Scotia. I came to Bismarck in 1883, where we first resided in a rented house on Ninth street. In 1896 we became the owners of lot 8, block 55, Northern Pacific Addition to the city of Bismarck, title to which was taken in my name.…
2Cases cited12 opinions
- Holmes v. HolmesSupreme Court of Oklahoma · 1910
- Cross v. BensonSupreme Court of Kansas · 1904
- Weaver v. First National BankSupreme Court of Kansas · 1907
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- Nelson v. Griggs CountyNorth Dakota Supreme Court · 1928
- Meidinger v. Security State BankNorth Dakota Supreme Court · 1927
- Portland Credit Union v. HaugeNorth Dakota Supreme Court · 1969
- O'Hare v. Bismarck BankNorth Dakota Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.