Dalbkermeyer v. Scholtes
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Motion to dismiss an appeal. The facts are stated in the opinion. A conveyance of the homestead by a husband to his wife is not invalid because the wife does not join in the deed of conveyance. Sections 2451, 2590, Comp.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Motion to dismiss an appeal. The facts are stated in the opinion. A conveyance of the homestead by a husband to his wife is not invalid because the wife does not join in the deed of conveyance. Sections 2451, 2590, Comp. Laws; Thomp. on Homestead & Ex. § 473; Furrow v. Athey, 33 N. W. 208; Burkett v. Burkett, 20 Pac. 715; Harsh v. Griffin, 34 N. W. 441; Spoon v. Fossew, 5 N. W. 624; Riehl v. Bingenheime, 28 Wis. 84; Barnes v. Baker, 60 Tex. 140; Ruohs v. Hooks, 3 Lea, 302; Insurance Co. v. Ketterlin, 24 HI. App. 427.…
1Opinion of the CourtBennett, J.
This was an action, to recover certain real estate described in the complaint. The defendant Scholtes pleaded: (1) A general denial; (2) that he was the owner in fee of the property; (3) that the same was a homestead. At the trial the court discharged the jury, and ordered judgment in favor of defendants. From this judgment the record shows that the plaintiff appeals.
After the appeal had been perfected, and the cause prepared for a hearing in this court, the respondents filed their motion to dismiss the appeal, because it was brought and is prosecuted without authority. The notice of appeal…
2Cited by2 opinions
- Dalbkermeyer v. ScholtesSouth Dakota Supreme Court · 1892
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