Finke v. Finke
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. Josiii’ii W. Joniís, Judge. Action to quiet title, by Bertha Finke, against Eli Finke and others. From a judgment for plaintiff -defendants appeal. (2) To point two of the opinion, Appellant cited: Novotny v. Danforth, 9 S. D. 301 at 306; Civ.
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Appeal from Circuit Court, Moody County. Hon. Josiii’ii W. Joniís, Judge. Action to quiet title, by Bertha Finke, against Eli Finke and others. From a judgment for plaintiff -defendants appeal. (2) To point two of the opinion, Appellant cited: Novotny v. Danforth, 9 S. D. 301 at 306; Civ. Code, Secs. 928, 932, 1250, 1256, 1259. Appellants submitted, as -to the interest of plaintiff, that: It was not the intention of Finke to grant to his wife, the plaintiff, any estate in said premises, but to secure to her a support during her natural life, charging said premises with such support, and…
1Opinion of the CourtSmith, J.
Plaintiff and Frederick C. Finke were married about 20 years prior to the beginning of this action. Finke was al that time a widower, the father of seven children. Plaintiff was a widow and the mother of four children. Three children were born to the plaintiff and Frederick C. Finke. His ten children are the defendants in this action. In January, 1895, Frederick C. Finke acquired title to three quarter sections of land in Moody county. In November 1897, he conveyed the premises in controversy, being two quarter sections of said land, by warranty deed in which the plaintiff joined, to one…
2Cases cited2 opinions
- Novotny v. DanforthSouth Dakota Supreme Court · 1896
- Perry v. BowmanIllinois Supreme Court · 1894
3Cited by1 opinion
- Barbour v. FinkeSouth Dakota Supreme Court · 1927