Yellow-Hair v. Pratt
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Maria B. Sweeney Yellow-hair, against C. W. Pratt and! Dan Lynch, as Sheriff of Charles Mix County, South Dakota, to enjoin an execution sale of realty. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. (3) To point three of the opinion, Appellant cited: Secs. 3215, 3235, P'ol.
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Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Maria B. Sweeney Yellow-hair, against C. W. Pratt and! Dan Lynch, as Sheriff of Charles Mix County, South Dakota, to enjoin an execution sale of realty. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. (3) To point three of the opinion, Appellant cited: Secs. 3215, 3235, P'ol. Code; Somers v. ¡Somers, 34 S. D. 594, 149 N. W. 559; Dieter v. Frame, (N. D.) 128 N .W. 684; Healy v. Bismarck Bank, et al., (N. D.) 153 N. W. 392; Davis v. Neal, L. R. A. (N. S.) 1916…
1Opinion of the CourtWhiting, P. J.
This action was ¡brought to restrain an execution sale of certain real estate, the sole question in. issue being 'whether or not the real estate in question was the homestead of plaintiff. The cause was tried to the court without a jury. The court made findings of fact and thereon entered conclusions and judgment in favor of the defendants. From such judgment and an order denying a new trial this appeal was taken.
[1] Appellant assigns the insufficiency of the evidence to support the findings. There is no merit in this assignment as the findings made are fully supported by the evidence.…
2Cases cited4 opinions
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Jensen v. GriffinSouth Dakota Supreme Court · 1913
- Union Stock Yards National Bank v. SmoutNebraska Supreme Court · 1901
- Somers v. SomersSouth Dakota Supreme Court · 1914
3Cited by12 opinions
- Larson v. ColeNorth Dakota Supreme Court · 1948
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- Yellow-Hair v. PrattSouth Dakota Supreme Court · 1921
- Harter v. DavisonSouth Dakota Supreme Court · 1928
- In Re JohnsonUnited States Bankruptcy Court, D. South Dakota · 1986
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