Aspey v. Barry
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hou. Joseph W. Jones, Judge. Action by Mary Aspey against Rose A. Barry and others for the partition of land. From a judgment declaring plaintiff to be entitled to two-ninths of the land only, she appeals. The facts are stated in the opinion. A timber culture claim proven up after the death of the entryman is granted direct to the heirs of the deceased entry-man is not devisable.
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Appeal from circuit court, McCook county. Hou. Joseph W. Jones, Judge. Action by Mary Aspey against Rose A. Barry and others for the partition of land. From a judgment declaring plaintiff to be entitled to two-ninths of the land only, she appeals. The facts are stated in the opinion. A timber culture claim proven up after the death of the entryman is granted direct to the heirs of the deceased entry-man is not devisable. Walker v. Dailey, 49 N. W. 813; Cooper v. Wilder, 43 Pac. 591; Aall v. Russell, 10-1 U. S. 503; Weeks v. Ry. Co., 47 N. W. 737; Davenport v. Lam, 13 Wall, 418. Only those…
1Opinion of the CourtFuller, P. J.
On the 14th day of February, 1896, Samuel Jackson died testate, and this action is to determine the respective interests of his heirs in 160 acres of land which he held at the time of his death, unde! the federal statute, as a timber-culture claim, and for which the United States subsequently issued a patent conveying the same in terms, and without further designation, “to the heirs of Samuel Jackson/’ who took, *223not. by inheritance, but as grantees of the government. Rogers v. Clemmans, 26 Kan. 522; Cooper v. Wilder, 111 Cal. 191, 43 Pac 591; Hall v. Russell, 101 U. S. 503, 25 L. Ed. 829;…
2Cases cited6 opinions
- Hall v. RussellSupreme Court of the United States · 1880
- In re Estate of DavisCalifornia Supreme Court · 1895
- Cooper v. WilderCalifornia Supreme Court · 1896
- In re Estate of WinslowCalifornia Supreme Court · 1898
- Rogers v. ClemmansSupreme Court of Kansas · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Caruth v. CaruthSupreme Court of Iowa · 1905
- Gould v. TuckerSouth Dakota Supreme Court · 1905
- Martyn v. OlsonNorth Dakota Supreme Court · 1914
- Hohn v. BidwellSouth Dakota Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.