Clark v. Evans

Citations

• 6 S.D. 244
• 60 N.W. 862
• 1894 S.D. LEXIS 149

Syllabus

<p>1. Where the question is whether certain premises which a party had formerly occupied constituted at that time his homestead of not, such party may be allowed to testify for what purpose and with, what intention he used or occupied such premises at the time.</p> <p>2. It is the use with intent, or the use and intent combined, which impresses the homestead stamp upon real estate.</p> <p>3. Upon the question of residence, or intent, it is competent to show that the person upon whose residence and intent such homestead right must depend was elected to, qualified, and held a public office to which he would not have been eligible if his residence or home was upon the premises souglft to be established as his homestead.</p> <p>4. The legal effect of section 5260, Comp. Laws, is that so long as the relation of husband and wife exists neither can testify for or against the other, except by consent. After such relation is terminated, and the parties are no longer husband and wife, neither can, without the consent o£ the other, testify to communications made between them while such relation existed.</p> <p>5. Where the head of a family comes to, and resides in, this state alone, the wife, who remains in a distant state, acquires only such homestead rights in property here as result from and rest upon the homestead rights of her husband; if he acquires none, she has none.</p> <p>(Syllabus by the court.</p>