Bracken v. Bracken

This action- was originally commenced by plaintiff against defendant for a divorce and alimony. Plaintiff1 did not claim a formal marriage, but relied on a common-law marriage. Defendant denied the marriage, and on appeal to this court it was held that plaintiff and defendant had never married. Bracken v. Bracken, 45 S. D. 430, 188 N. W. 46. But this court affirmed the judgment of the trial court adjudging the joint ownership of 480 acres of land. The pleadings were then amended, and under the amended pleadings this action is now proceeding as an action for partition of the land and for a…