Legal Opinion

Reed v. Boland

South Dakota Supreme Court

Decided March 31, 1913PublishedCited by 5 opinions

Appeal from Circuit Court, Lawrence County. Hon. Wm. G. Rice, Judge. Action by Susie R. Reed and others against Ella M. Boland, to compel conveyance of realty to' them by defendant. From a judgment for defendant and an order denying a new trial, plaintiffs appeal.

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Appeal from Circuit Court, Lawrence County. Hon. Wm. G. Rice, Judge. Action by Susie R. Reed and others against Ella M. Boland, to compel conveyance of realty to' them by defendant. From a judgment for defendant and an order denying a new trial, plaintiffs appeal. The evidence shows that the agreement between Mrs. Kingsley and the defendant was never carried out or complied with, on the part of the defendant. 1. The defendant never made any provision by will or otherwise, for taking care of Mrs-. Kingsley in case of her own death before that of Mrs. Kingsley. 2. She did not pay the expenses…

1Opinion of the CourtSmith, J.

Appeal from the circuit court of Lawrence county. Plaintiffs and appellants are heirs 'at law of Mary E. Kingsley, deceased. On and prior to the 20th day of April, 1911, Mary E. Kingsley, since deceased, was the owner of certain real property in tfié city of Spearfish, S. D., and of other real property in the state of Florida. On the 27th of May, 1911, she entered into a written contract with the defendant, Ella M. Boland, of Spearfish, whereby, in consideration of the transfer to' her of said real estate, Ella M. 'Boland covenanted and agreed to care for Mary E. Kingsley during the remainder…

2Cases cited3 opinions

  1. McCabe v. DesnoyersSouth Dakota Supreme Court · 1906
  2. McPherson v. JuliusSouth Dakota Supreme Court · 1903
  3. T. W. Child & Co. v. JenkinsSouth Dakota Supreme Court · 1910

3Cited by5 opinions

  1. Hines v. MoultonSouth Dakota Supreme Court · 1935
  2. Serry v. Custer CountySouth Dakota Supreme Court · 1923
  3. Schmidt v. NorbeckSouth Dakota Supreme Court · 1922
  4. Johnson v. Fidelity & Deposit Co.South Dakota Supreme Court · 1933
  5. Needham v. JamesonSouth Dakota Supreme Court · 1938

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