O'Neill v. Bennett
South Dakota Supreme Court
Appeal from Circuit Court, Sanborn 'County. Hon. Frank B. Smith, Judge. Action by Annie L. OdNleill, against Joseph Bennett and others, to set aside a deed of an alleg'ed homestead by plaintiff’s husband, and for other relief; defendants setting up adverse claims and praying for determination thereof and for injunctive relief. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Sanborn 'County. Hon. Frank B. Smith, Judge. Action by Annie L. OdNleill, against Joseph Bennett and others, to set aside a deed of an alleg'ed homestead by plaintiff’s husband, and for other relief; defendants setting up adverse claims and praying for determination thereof and for injunctive relief. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (2) To point two, Appellant cited': Kingman v. O’Callaghan 4 S. D. 628; E-loete Lumber Company v. Hodges 32 S. D. 557; Warner v. Hopkins, (S. D.) 176 N. W. 746 ; 2i Cyc. 475.…
1Opinion of the CourtPolley, P. J.
[1,2] The only question presented on this appeal is whether certain conduct on. the part of the appellant constituted an abandonment of her homestead right ini a quarter section of land near the town of Letcher in Sanborn county. Prior to' and during the year of 1916 appellant, with her husband', Robert O’Neill, and their family, consisting of two grown sons and a grown daughter, resided in a home owned by Robert O'Neill, in Yankton county. About the 1st of March, 1916, Robert O’Neill purchased the land in question, herein referred to as the McEwen land, with the intention of moving onto it…
2Cases cited3 opinions
- Kingman v. O'CallaghanSouth Dakota Supreme Court · 1894
- Jensen v. GriffinSouth Dakota Supreme Court · 1913
- Floete Lumber Co. v. HodgesSouth Dakota Supreme Court · 1913
3Cited by5 opinions
- Larson v. ColeNorth Dakota Supreme Court · 1948
- Stratton v. Sioux Falls Paint & Glass (In Re Stratton)District Court, D. South Dakota · 1982
- Gross v. GrossSouth Dakota Supreme Court · 1992
- O'Neill v. BennettSouth Dakota Supreme Court · 1926
- United States v. NelsonDistrict Court, D. South Dakota · 2018