Legal Opinion

Yellow-Hair v. Pratt

South Dakota Supreme Court

Decided April 25, 1921No. File No. 4840PublishedCited by 11 opinions

Appeal from) Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by (Maria B. Sweeney Yellow-Iiair, against C. W. Pratt, and Dan Lynch as Sheriff of Charles Mix County, South Dakota, to enjoin an execution sale of plaintiff’s realty. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (4) To point four of the opinion, Appellant cited: Robinson v. Charleton, 73 N. W. (Ia.) 616; Garner v. Freeman, 118 Am. St. Rep.

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Appeal from) Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by (Maria B. Sweeney Yellow-Iiair, against C. W. Pratt, and Dan Lynch as Sheriff of Charles Mix County, South Dakota, to enjoin an execution sale of plaintiff’s realty. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (4) To point four of the opinion, Appellant cited: Robinson v. Charleton, 73 N. W. (Ia.) 616; Garner v. Freeman, 118 Am. St. Rep. (La.) 361. (5) To point five, Appellant cited: Warner v. Hopkins, et al., (S. D.) 176 N. W. 746. Respondents cited: Sec. 3215,…

1Opinion of the CourtWhiting, J.

This action was brought to enjoin an execution sale of real property belonging to plaintiff. The sole question before the court was whether such land, at the time of the levy, was the homestead of plaintiff. A trial was, had in May, 1917. From a judgment in favor of defendants an appeal was taken to this court. Our opinion will be found reported in 41 S. D. 190, 169 N. W. 515. Reference is made to such opinion for a statement of the facts as found by the court upon such trial. Because the trial court failed to make any finding as to the intention of plaintiff when moving off from this land…

2Cases cited1 opinion

  1. Yellow-Hair v. PrattSouth Dakota Supreme Court · 1918

3Cited by11 opinions

  1. Larson v. ColeNorth Dakota Supreme Court · 1948
  2. Ford v. HoferSouth Dakota Supreme Court · 1961
  3. Knittel v. G. Sommers & Co.South Dakota Supreme Court · 1947
  4. NMI Paul v. Allred (In re NMI Paul)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  5. Hewitt v. CarlsonSouth Dakota Supreme Court · 1932

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