Price & Baker Co. v. Madison
South Dakota Supreme Court
Appeal from circuit court, Meade county; Hon. Joseph B. Moore, Judge. Action by the Price & Baker Company against James Madison. Prom a judgment for defendant, plaintiff appeals.
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Appeal from circuit court, Meade county; Hon. Joseph B. Moore, Judge. Action by the Price & Baker Company against James Madison. Prom a judgment for defendant, plaintiff appeals. A lease of lands, not interfering with the possession thereof for the use of a homestead and license to cut timber, quarry stone or remove minerals, may be given by the husband without the assent of the wife; Rush v. Sullivan 3 G. Green 344; Beatty v. Gregory, 17 la. 109; Anderson et al, v. Simpson et al, 21st la., 399; Harkness v. Burton, 39 la., 104. A conveyance or incumbrance by the owner of a homestead, shall be…
1Opinion of the CourtHaney, P. J.
This action was instituted to restrain the defendant from interfering with the plaintiff in cutting and removing timber from a certain quarter section of land in Meade county, and to recover damages for timber taken therefrom by the defendant. Defendant denied the plaintiff’s right to the timber, and sought, by way of counterclaim, to recover for tim*249ber taken by the plaintiff. The court below, in effect, directed the.jury to find in favor of the defendant for the value of all timber taken by the plaintiff after a certain date. Such a verdict having been returned, and judgment entered…
2Cases cited3 opinions
- Northern Pacific Railroad v. PaineSupreme Court of the United States · 1887
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Bruley v. GarvinWisconsin Supreme Court · 1900
3Cited by6 opinions
- McCastle v. ScanlonMichigan Supreme Court · 1953
- Schnuerle v. GilbertSouth Dakota Supreme Court · 1921
- Polk v. CarneySouth Dakota Supreme Court · 1907
- Polk v. CarneySouth Dakota Supreme Court · 1903
- Soltesz v. Rushmore Plaza Civic CenterDistrict Court, D. South Dakota · 2012
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