Holcomb v. Keliher
South Dakota Supreme Court
Appeal from circuit court, Pennington county, Hon. Chas. M. Thomas, Judge. This case was first decided by this court in an opinion filed February 15, 1898, reported in 3 S. H. 497, 54 N. W. 535, where the judgment of-the lower court in favor of defendant was affirmed. A rehearing was subsequently ordered and this opinion is upon the rehearing. The facts are fully stated in the opinion.
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Appeal from circuit court, Pennington county, Hon. Chas. M. Thomas, Judge. This case was first decided by this court in an opinion filed February 15, 1898, reported in 3 S. H. 497, 54 N. W. 535, where the judgment of-the lower court in favor of defendant was affirmed. A rehearing was subsequently ordered and this opinion is upon the rehearing. The facts are fully stated in the opinion. The attempt of the Territory of Dakota to attach lands absolutely set apart for the undisturbed use and occupation of Indian tribes, for judicial and revenue purposes, was extra territorial, against public…
1Opinion of the CourtCorson, P. J.
This case was decided at a former term of this court, and the opinion is reported in 3 S. D., 497. A rehearing was granted on the petition of appellants, and the *441same was reargued at the last term. We deem it necessary for a proper understanding of the case to give a somewhat fuller statement of the facts than appeared in our former opinion.
The plaintiffs are the heirs at law of W. T. Holcomb, deceased, who died in Rapid City, Pennington county, in 1886, where he had resided many years prior to his death. The said Holcomb, at the time of his death, was the owner of personal property…
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