Schnuerle v. Gilbert
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by John ‘Schnuerle and another, against C. E. Gilbert and another, for damages for trespass upon realty alleged to have been committed after a specified date, upon which date defendant Gilbert assigned a land license to defendant Humphrey. From a judgment for plaintiffs, and from an order 'denying a new trial, defendants appeal.
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Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by John ‘Schnuerle and another, against C. E. Gilbert and another, for damages for trespass upon realty alleged to have been committed after a specified date, upon which date defendant Gilbert assigned a land license to defendant Humphrey. From a judgment for plaintiffs, and from an order 'denying a new trial, defendants appeal. Judgment modified, and as modified, (2) To point two, Appellants cited, re wife’s signature: Price and Baker v. Madison ('S. D.), 95 N. W. 933; McCoy v. Herbert, (Va.) 33 Am. Dec. 256; Johnson…
1Opinion of the CourtGates, J.
Action for'damages for trespass upon real property committed subsequently to December, 1919, and for an injunction.
The plaintiffs, being husband and wife, occupied as their homestead a tract of land containing 56.7 acres situate about-2)^ miles from' Aberdeen, S. D., the title to which was in the husband. On April 2, 1919, the husband alone entered into a written contract with defendant Gilbert in words and figures as follows:
“This agreement, made and entered into at Aberdeen, S. D., this 2d day of April, 1919, by and between John Schnuerle,' of Aberdeen, Brown County,, S. D., party of the…
2Cases cited1 opinion
- Price & Baker Co. v. MadisonSouth Dakota Supreme Court · 1903
3Cited by6 opinions
- First Church of Christ v. RevellSouth Dakota Supreme Court · 1942
- Boroseptic Chemical Co. v. NelsonSouth Dakota Supreme Court · 1928
- Gilbert v. SchnuerleSouth Dakota Supreme Court · 1926
- Lien v. Northwestern Engineering Co.South Dakota Supreme Court · 1949
- Lien v. Northwestern Engineering Co.South Dakota Supreme Court · 1949
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