| Show SEVIER SUIT Court Decision In Caso Bunker vs Coons Et ai COURT AFFIRMED thai Laud was for 1 WILe wae 1 Lu Ln Th Tue Supreme court delivered an opinIon Ion t d In the ue case of AUr Alfred vs VI J John v Cone Coons the Consolidated Implement company nf af affirmIng firmIng th the judgment of at the district lt at S ller county W t Marty Action tM M brought to ulde n execution on sat It of thirty oer acres of land landin In SovIet worth orth abut about S d by the Plaintiff Hunke Bunker to tob tobe b be hi his homestead The land ws 8 sold at atthe atthe the suit of C the tho Implement Alfred AUred Bunker Judgment ws was upon upen R a promissory note and th 11 warn 1 made theren thereon The case wu was trie trIed In May Il the ourt court belo finding the issues In favor ot of plaintiff from which jUdgment tip ap prosecuted the present appeal The contended that the ts s nOt no to justify tie the findings for tor tho reasons that Dun Bun her Iter dirt dill not actually live upon the land that he 1 not the held hotd of a that his m ther lher did not depend upon him for support that he wal was not n a reel dent of Uth Utah and ad that ho he waived his homestead right by n a clause In the nto note providing for tor the same lame The Tho court linde from the record that the lie testimony supported both tle the findings and judgment Ite He toning to head hrad of at a family tho ho court holds that I it dIs does not court tel fol tellow 10 low that ho shaul be a 11 married man SI the court Manifestly the Legis did Id not Intend to lay one nie rule governing hods heads or of families on con of married men and nd other hlad heads of families consIstIng of unmarried men or other persons entitled to the homestead right who mIght have great greater rat Ir er responsIbIlities thrust upon them than the tho cities I It would be un Unreasonable reasonable to discrIminate between per eons of different cines when the tho stat statute statute ute granting the right gIves the home tead to all heads of famIlies to lands Ind and situated ted In one or more localities The curt court further hols holds that the wal me r In the contract was properly not ad In evidence for the tue reason that no waiver can affect the hed limed ot of u a Bunker Dunker Is the tho Bup support ort ot of his widowed mother and sonic time prior to the filing of at lived 1 in Nevada and Utah Appellants took look the positIon that because ot of his absence from the homestead for tor 1 a certain per led forfeited hil his right to the the statuteS but the cour court that the tho fact ot of his sending money mone to the support ot of his tamly family cu coupled le with Ith the tnt fact that he Intended to sturn did nt not constitute an ot of his rights The opinion was as written by Justice u t e Miner and Concul In b by Justice Ha Baa kin Chief Justice Darth concurred tn In the tho Qt of the lower courts al judgment nt |
