Cassill v. Morrow
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Suit by C. H. Cassill, receiver of the property of Joseph Morrow, against Joseph Morrow and another, to subject certain real property to the lien of a judgment. From a decree in favor of defendants and an order overruling a motion for a new trial, complainant appeals.
1Opinion of the CourtFuller, P. J.
Pursuant to leave of court first obtained, and upon due notice, an execution issued on a dormant judgment against the defendant Joseph Morrow, and was returned wholly unsatisfied prior to the commencement of this action to subject to the lien thereof certain real property to which the defendant Eliza Morrow holds the legal title, and of which it is allged her husband, the defendant Joseph Morrow, is the real owner. In his answer such ownership of the property, or any interest whatever in the defendant Joseph Morrow, is expressly denied, and as a further defense it is alleged, “That on or…
2Cases cited4 opinions
- Bickerdike v. AllenIllinois Supreme Court · 1895
- Lee v. WatkinsNew York Supreme Court · 1856
- Strong v. BarnhartOregon Supreme Court · 1876
- Langston v. AbneyMississippi Supreme Court · 1870