Mellen v. McMannis

Citations

• 9 Idaho 418
• 75 P. 98
• 1904 Ida. LEXIS 63

Syllabus

<p>Real Estate — Contract -of Sale — Declaration' of Homestead— Head of.Family.</p> <p>1.-Under the provisions of section 3071, Revised Statutes, a declaration of homestead must contain a statement showing that. , the person .making it. is the head of a family. It is, a sufficient compliance therewith if such declaration contains a statement of ' '' the probative facts from which the ultimate act may be judicially : ‘ inferred tha£ the person making -such declaration is the head of a. LV.family..., I.:'-'-' .... ..... : . ' •</p> <p>2. If a homestead declaration contains a statement of the facts in substantial compliance with the provisions of said section 3071, it is sufficient.</p> <p>3. The property selected as a homestead can only he aban-, doned by a declaration of abandonment or by a grant or conveyance thereof properly executed and acknowledged by the husband and wife, if the claimant is married, as provided by section 3041,, Revised Statutes.</p> <p>(Syllabus by the court.)</p>