Somers v. Somers
South Dakota Supreme Court
Appeal from Circuit 'Court, Brule County. ITon. Frank B. Smith, Judge. Action by Lafayette Somers against Peolia L. Somers and another, to recover an interest in land. From a judgment for plaintiff, and from an order denying- a new trial, defendants appeal.
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Appeal from Circuit 'Court, Brule County. ITon. Frank B. Smith, Judge. Action by Lafayette Somers against Peolia L. Somers and another, to recover an interest in land. From a judgment for plaintiff, and from an order denying- a new trial, defendants appeal. There is no evidence in the case that establishes that after the wife took up her residence on the government land, and thereb)' on that date left and abandoned her homestead under the state law, that she ever returned to the old home as a homestead under the state law. Until the deed was made to the boys, the wife had the title to the…
1Opinion of the CourtSmith, P. J.
This case was first tried in June, 1910, resulting in a judgment for plaintiff. On appeal this judgment was reversed, on June 20, 1911, and the cause remanded. The re*554mittitur was filed in the circuit court, July 31, 19x1. The grounds of reversal will be found in the opinion of this court reported in 27 S. D. 500, 131 N. W. 1091; 36 L. R. A. (N. S.) 1024.
On December 30, 1911, the trial court, without further proceedings, and without notice to plaintiff’s attorneys made and entered findings of fact and conclusions of law in favor •of defendants, and on January 1, 1912, entered a judgment…
2Cases cited1 opinion
- Somers v. SomersSouth Dakota Supreme Court · 1911
3Cited by3 opinions
- Somers v. SomersSouth Dakota Supreme Court · 1914
- Gunn v. GunnSouth Dakota Supreme Court · 1993
- Gunn v. GunnSouth Dakota Supreme Court · 1993