The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-08-11

ton ~ TO- SOW . trial shall be con-
Quoted While. ~ is his duty to
reasonably restrict the examination
Of witnesses, and his right to bring
to light such facts Is may disclose
the merits and Justice Of the cause
or defense. he MUS. do, shis in .
prorer manner and without violation
Of the rules Of evidence.
2. Record examined and held, for
reasons seated in the opinion. lthat
certain rulings On questions Of evil
dence were erruneous and prsdju-
dicial. AE
Appeal from the district court OF
Benson county, Hon. A. G. Durr,
judge.
Reversed and . new trial ordered.
Opinion Of the court by Nuessie, J.
Shines, Duffy and Wheeler, Devils
Lake, North Dakota, attorneys. for
defendant and appellant. W. c. Nc
Donald, Of Minnewaukan, North Da-
kota, attorney for. plaintiff and re-
spOndcnt.
From Williams Coumty
The State Of North Dakota. ex rel.
Ernest A. Francis. ct al, plaintiffs
and respondents, 49,
w. 49, ri
R. B. Murphy. ct 81. IS Members, 81
the Board of Administrator with
in and for the State of North
Dakota, defendants and appellants.
Sy.Abus: ss'f
i. Chapter 2ls,>S. L. 1926, in 20
far as it purports 10 direct the state
board of Administration to convey
to williams County, without consider.
alton, the real property used and
known as the Williston Experimental
Station, is vi0iative of section los
Of the state constitution, the land
having been donated to the State OF
North Dakota, for an educational
purpose, within the meaning of that
section.
Appeal from the district court OF
Williams county. Hon. Geo. H. NOEL.
ring. judge.
ION Of the court by johnson. J. Err
nest A. Francis, states attorney, A
J. Knox, assistant states attorney
Williston, North Dakota, and U. L
Burdick. Fargo. North Dakota, at
,. torneys for plaintiffs and respon
dents. Geo. r. Shafer, attorney gen.
eral, and John Thorpe. assistant at.
torney general. Bismarck; North
Dakota, attorneys for defendants and
appellants.
From Barnes County
Bernt c. Orotberg and Inga b. GrOt
berg, plaintiffs and respondents,
VIZ.
FIRST National Bank Of Valley City
North Dakota. a corporation. De
fehdant and appellant.
Syllabux:
i. Temporary sabsence does not de-
feat the right 70 the homestead; ant
while the right OF homestead exemp
ton may be lost by voluntary aban
donment, 70 effect forfeiture I
must be made TO appear that suct
| abandonment was voluntary and with
out an intention to return and re
occupy the premises % home.
2, The mere fact that the home
stead is leased for a limited time i
not conclusive upon the question o
the intsnt with (which the remova
| took place; it may be shown that tn
departure was Temporary, as for tn
! purpose Of obtaining medical treat
ment for the wife, or education TO
the children, and that there was al
4 ways present IN intention to return
and occupy the property as a home
s Declarations Of the homestea
i claimant, at the time of his remOva
]! from the homestead, may be consid
;. cred by the court Is bearing on tn
! real intention which actuaked tn
parties; but they are not conclusive
4. Ordinarily the rights of tn
parties must be determined as Q
!, the :aate Of the execution of the In
strument which is sought to be en-
i, f1rc0d a lien against or trar SIC
OF the property claimed to have Zee
impressed with o homestead charst
&. For reasons stated it is hel
THAT the property described in tn
; mortgage had mot been aband0ne
as q homestead at the time Of tn
| execution Of the instrument.
y Is! A. conveyance Of the homestea
: by the husband alone while his wit
is an inmate Of the state hospital Il
the insane, without the approval
:. the county court, or in any manne
attempting to comply with the So
tons 5633-37, C.. L. 1918, governin
the transfer Of the homestead whs
! one spouse is insane, is void an
without legal effect upon the hom'
stead rights Of the incompetent.
Z. Section 561O, c. L. 1913, pr
scrtbing the period of limitation
Within which transfer OF hom'
stead by the one spouse may be cha
len9ed, has no -1pplication in 'cai
Of \ conveyance Of the homestes
while the other spouse is an inma
Of Vie state hospital for the imam
Appeal from the district court 4
Barnes county. Hob. N. J. Engle'
judge.
Affirmed. Opinion of the cou
by Johnsdn,sJ. A. p. Paulson, w
Hey City. North Dakota. attorney &
Plaintiffs and respondents. Conn
and Richie, Valley City. Nor
Dakota, attorneys for defendant 81