In re Estate of Lamb

This is an appeal from an order setting apart to George W. Lamb, the surviving husband of deceased, upon his petition therefor,, a homestead upon 160 acres of land described therein. The appeal is taken by the father of deceased. The facts, as disclosed by the record, are these: The petitioner and deceased were married September 15, 1884. Prior to this time-the petitioner had filed in the proper United States- land-office his application to enter the land in controversy as a homestead, under the laws of the United States, and had resided thereon for four years, and one year after such *402 marriage he made his final proof, entitling him to a patent therefor, which was issued to him on July 9, 1889. On November 17,1887, the deceased filed in the office of the proper recorder a declaration of homestead upon the whole, of said land under the laws of this state, and on February 23, 1888, the petitioner made to her a deed of cíM® and other'Jand. Thereafter differences arose between them, and in November, 1889, the deceased commenced an action against petitioner for a divorce and for .•a division of the property, and upon the twenty-second .day of that month they made an agreement in…