Warner v. Hopkins
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. Wiixiam Wi i.t.tam son, Judge. Action by Alvena Warnei, against D. E. Hopkins and others, to enjoin execution sale against plaintiff’s land claimed as her homestead.
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Appeal from Circuit Court, Lyman County. Hon. Wiixiam Wi i.t.tam son, Judge. Action by Alvena Warnei, against D. E. Hopkins and others, to enjoin execution sale against plaintiff’s land claimed as her homestead. From- a judgment for defendants, and from an order denying a new trial, plaintiff appeals. t i) To point one of the opinion,' Appellant cited; .Mc-Dermott v. Kcrnan (Wis.), 39 N. AY. 337; Shircland v. Union National Bank (la.), 21 N. W. 200; Zwick v. Johns (la.), 56 N. W. 665. Respondent cited: Newman, Trustee, v. Franklin ct al., 28 N. W. 579.
1Opinion of the CourtSmith, J.
One Hopkins, assignee of a judgment against plaintiff, caused an execution to be issued and levied upon. a quarter section of land in Lyman county, owned by plaintiff. Plaintiff claims this land as a homestead, and brings this action to enjoin the execution sale. It is undisputed that plaintiff homesteaded the land and received' patent from the government in the year 1912. During her residence upon the land as a government homestead, she constructed a small house and barn and a cave. The house had a brick chimney and was furnished with bed, table, chairs, stove and cooking utensils used by…
2Cases cited9 opinions
- State v. . KingSupreme Court of North Carolina · 1882
- Somers v. SomersSouth Dakota Supreme Court · 1911
- City of Los Angeles v. McCollumCalifornia Supreme Court · 1909
- McMillan v. WarnerTexas Supreme Court · 1873
- Boot v. BrewsterSupreme Court of Iowa · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Larson v. ColeNorth Dakota Supreme Court · 1948
- State v. MyersSouth Dakota Supreme Court · 1974
- Knittel v. G. Sommers & Co.South Dakota Supreme Court · 1947
- In Re JohnsonUnited States Bankruptcy Court, D. South Dakota · 1986
- Gerhart v. QuirkSouth Dakota Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.