Page:1887 Compiled Laws of Dakota Territory.pdf/561

§§ 2456-2464 § 2456. If within a town plat it must not exceed one acre in extent, and if not within a town plat it must not embrace in the aggregate more than one hundred and sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States relating to mineral lands, then the area of the homestead shall not exceed one acre whether within or without a town plat.

§ 2457. It must not embrace more than one dwelling house or any other buildings except such as are properly appurtenant to the homestead as such; but a shop, store or other building situated thereon and really used or occupied by the owner in the prosecution of his own ordinary business may be deemed appurtenant to such homestead.

§ 2458. The owner or the husband or wife may select the homestead, and cause it to be marked out and platted and recorded as provided in the next section. A failure in this respect shall not leave the homestead liable, but the officer having the execution against the property of such a defendant may cause the homestead to be marked off, platted and recorded, and may add the expense thence arising to the amount embraced in his execution.

§ 2459. The homestead shall be marked off by fixed and visible monuments, unless the same shall embrace the whole of a subdivision or lot, and in giving the description thereof when marked off as aforesaid the direction and distance of the starting point from some corner of the dwelling house shall be stated. The description of the homestead, certified and acknowledged by the owner, shall be recorded by the register of deeds of the proper county in a book to be called the "homestead book," which shall be provided with a proper index.

§ 2460. The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely; but such changes shall not prejudice conveyances or liens made or created previously thereto; and no such change of the entire homestead made without the concurrence of the husband or wife shall affect his or her rights or those of the children.

§ 2461. The new homestead shall in all cases be exempt to the same extent and in the same manner as the old or former homestead was exempt.

§ 2462. When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, it shall be competent for the district court in any proper case to determine such question and all questions relating thereto.

§ 2463. Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.

§ 2464. Such homestead shall descend according to the law of succession as provided by the civil code, unless otherwise directed or disposed of by will, and shall be held exempt from any antecedent debt of the parent, and if it descend to the issue of either husband or wife it shall be held by such issue exempt from debts

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