Legal Opinion

Moen v. Moen

South Dakota Supreme Court

Decided October 7, 1902PublishedCited by 12 opinions

Appeal from circuit court, Liucolu county. Hon. Joseph W. Jones, Judge. Action by Johanna Bertina Johnsdatter Moen against John J. Moen. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. The laws-of the state where real estate is situated exclusively govern its alienation, inheritance and succession Courts of last resort have universally adhered- to this principle wherever and whenever it has been brought in question.

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Appeal from circuit court, Liucolu county. Hon. Joseph W. Jones, Judge. Action by Johanna Bertina Johnsdatter Moen against John J. Moen. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. The laws-of the state where real estate is situated exclusively govern its alienation, inheritance and succession Courts of last resort have universally adhered- to this principle wherever and whenever it has been brought in question. Washburn on Real Property, Vol. 3, 5th Ed., p. 17 and cases cited; Tied, on Real Property, Sec. 664.; Story Conflict of Laws, Secs. 383-384,…

1Opinion of the CourtHaney, P. J.

In this action the learned circuit court found the facts to be as follows: “(1) That the plaintiff herein is the illegitimate child of John Johannessen Moen, otherwise known as John K. Moen, deceased, described in the plaintiff’s complaint. That she was born in Norway, Europe, on or about the 24th day of September, 1874, where she resided until the year 1893, when she came to South Dakota, and has since lived in said state. That Britta Iverson was the mother of plaintiff, and that she was also born and at all times lived in said Norway, Europe, where she now lives. (2) That the said John…

2Cases cited9 opinions

  1. United States v. FoxSupreme Court of the United States · 1877
  2. Blythe v. AyresCalifornia Supreme Court · 1892
  3. Alston v. AlstonSupreme Court of Iowa · 1901
  4. Brock v. State ex rel. JohnsonIndiana Supreme Court · 1882
  5. Hutchinson Investment Co. v. CaldwellSupreme Court of the United States · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Martínez v. Pérez Vda. de MartínezSupreme Court of Puerto Rico · 1963
  2. Townsend v. MeneleyIndiana Court of Appeals · 1905
  3. Dal v. FischerSouth Dakota Supreme Court · 1906
  4. Morin v. HollidayIndiana Court of Appeals · 1906
  5. In Re Estate of JetterSouth Dakota Supreme Court · 1999

7 more not listed; retrieve them via the Exa API.

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