Legal Opinion

First State Bank v. Braden

South Dakota Supreme Court

Decided May 26, 1917No. File No. 3992PublishedCited by 2 opinions

Appeal from Circuit Court, Roiberts- County. Hon. Thomas R. Bouck, Judge. Action by tbe First State Bank of Summit, against Mary Braden, in which defendant, as administratrix, interposed an answer as intervener. From a judgment for intervener, and from an order denying a new trial, .plaintiff appeals.

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Appeal from Circuit Court, Roiberts- County. Hon. Thomas R. Bouck, Judge. Action by tbe First State Bank of Summit, against Mary Braden, in which defendant, as administratrix, interposed an answer as intervener. From a judgment for intervener, and from an order denying a new trial, .plaintiff appeals. (1) Tick p'oint one of the opinion, Respondent cited: Gilkey v. Hamilton, Adm., 22 Mich. 282., (2) To point two of the opinion, Respondent cited: Jones on Elvidenoe, Art. 281, (2 Blue Book, 546) ; Wiswell, Adm’x. v. Wiiswell, 35 Minn. 371, 29 N. W. 166; Sandoi v. Roberts County, ■ 36 S. D. 556,…

1Opinion of the CourtWhiting, J.

Action for possession of personal property; judgment in favor of intervening defendant; appeal from judghent and from an order denying a new trial.

The following are the facts' material to the questions presented on appeal: One B. died, leaving a widow and several minor children. He was indebted to- 'appellant bank. After hisi death, bis widow gave her individual note to take up- the notes evidencing such indebtedness. She secured said note by a chattel mortgage covering personal property belonging to the estate of deceased. She was subsequently appointed administratrix of such estate.…

2Cases cited3 opinions

  1. Gilkey v. HamiltonMichigan Supreme Court · 1871
  2. Park v. RobinsonSouth Dakota Supreme Court · 1902
  3. Rainwater v. HarrisSupreme Court of Arkansas · 1888

3Cited by2 opinions

  1. Nelson v. ScofieldMichigan Supreme Court · 1922
  2. Richards v. SmithSouth Dakota Supreme Court · 1929

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