Clark v. Evans
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G, Fuller, Judge. Action to foreclose a. mortgage. Judgment for plaintiff, and defendant, Jennie Evans appeals, The facts are stated in the opinion. The record of evidence given by' a witness in another suit cannot be introduced to impeach the witness on cross examination until its accuracy has been established and identity ^proved.
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Appeal from circuit court, Hughes county. Hon. H. G, Fuller, Judge. Action to foreclose a. mortgage. Judgment for plaintiff, and defendant, Jennie Evans appeals, The facts are stated in the opinion. The record of evidence given by' a witness in another suit cannot be introduced to impeach the witness on cross examination until its accuracy has been established and identity ^proved. Rehberg v. City, 2 N. E. 14; Stayner v. Joyce, 22 N. E. 89; Misner v. Darling, 7 N. W. 77; Seligman v. Ten Eych, 18 N. W. 818. Appellant had a right to select this property as her homestead and her husband could…
1Opinion of the CourtKellam, J.
This action was brought to foreclose a mortgage executed by Sharon G. Evans, the husband of appellant, upon real estate in the city of Pierre. Jennie Evans, the wife, defends upon the ground that when the mortgage was executed the premises mortgaged constituted the homestead of defendants; that she was a resident of the territory of Dakota, and did not sign or in any manner consent to the mortgage. Upon trial by the court, plaintiff had judgment of foreclosure, and Jennie Evans appeals.
Two questions are presented: Did the mortgaged premises constitute the homestead of defendants? and, if so,…
2Cases cited3 opinions
- Jacobs v. HawkinsTexas Supreme Court · 1884
- Hulett v. HulettSupreme Court of Vermont · 1865
- Leonard v. Ingraham & MarshallSupreme Court of Iowa · 1882
3Cited by5 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Warner v. HopkinsSouth Dakota Supreme Court · 1920
- In re CarlonDistrict Court, D. South Dakota · 1911
- Smith v. AllmendingerSouth Dakota Supreme Court · 1918
- In re MalloyDistrict Court, D. North Dakota · 1910