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Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 3

Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 3


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1894 Excerpt: ... Jul1us Rosholt Vs. Thea Mehus. Opinion filed January 8th, 1894. Homestead--Abandonment. Where a married woman leaves the home of herself and husband, the title to which was in the husband, and remains away nearly three years before claiming any homstead interest in the property, but the husband remains in constant occupancy of the land, keeping his home thereon, such absence alone will not constitute abandonment by the wife of her homestead rights. Whether or not, in such a case, a wife could, under any circumstances, forfeit her homestead rights under our statute, not decided. Divorce--Effect on Homestead Rights. In divorce proceedings, it is competent for the court to assign the homestead to the innocent party, either absolutely or for a limited period; but, where the decree in the divorce proceedings is silent upon the question, the homestead will, upon the dissolution of the marriage, remain in the possession of the party holding the legal title thereto, discharged from all homestead rights or claims of the other party. Appeal from District Court, Steele County; MeConnell, J. Action by Julius Rosholt against Thea Mehus to determine adverse claims to land. There was judgment for defendant, dismissing the action, and plaintiff appeals. Reversed. F. W. Ames and Carmody & Leslie, for appellant. J. H. Bosard, for respondent. Bartholomew, C. J. This action was brought to determine adverse claims to a quarter section of land in Steele County. It was heard on an agreed statement of facts, from which the court made two conclusions of law: First, that plaintiff was not the owner in fee simple of the land; and, seeond, that defendant was entitled to the possession of the land. The judgment simply dismissed the complaint on the merits, with costs. Plaintiff appeals...


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Product Details
  • ISBN-13: 9781150158292
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 202
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1150158298
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr


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