Commercial, State Bank of Salem v. Kendall
South Dakota Supreme Court
Appeal from Circuit Court, McCook County. Hon. Joseph W. JONES, Judge. Action by the Commercial State Bank of Salem against Pon-sonby Kendall and others. From a judgment in favor of defendants, plaintiff appeals.
1Opinion of the CourtFuller, P. J.
This appeal is from a judgment for defendants in an action to set aside a warranty deed of the homestead from a husband to his wife, on the ground that such conveyance was made to defraud plaintiff, a creditor of the grantor, and the material facts established by the evidence, and found by the trial court, may be briefly stated as follows: In the year 1898 the premises in question, consisting of a house and two- lots in the city of Salem, now worth $1,600, were purchased by the defendant Ponsonby Kendall, and had been continuously occupied as the homestead of himself and family for more than…
2Cases cited13 opinions
- Taylor v. DuesterbergIndiana Supreme Court · 1887
- Smith v. RumseyMichigan Supreme Court · 1876
- Delashmut v. TrauSupreme Court of Iowa · 1876
- Balz v. NelsonMissouri Court of Appeals · 1903
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
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3Cited by2 opinions
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921
- Simunek v. MillaySouth Dakota Supreme Court · 1923