Legal Opinion

Paddock v. Balgord

South Dakota Supreme Court

Decided May 28, 1891PublishedCited by 19 opinions

Appeal from the district court, Brookings county. Hon. James Spencer, Judge. Action to recover the value of certain personal property levied upon by the defendant, Balgord, as sheriff: of Brookings county. The cause was referred, and upon the report of the referee judgment was entered in favor of plaintiffs. Defendants appeal. The facts so far as material are stated in the opinion.

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Appeal from the district court, Brookings county. Hon. James Spencer, Judge. Action to recover the value of certain personal property levied upon by the defendant, Balgord, as sheriff: of Brookings county. The cause was referred, and upon the report of the referee judgment was entered in favor of plaintiffs. Defendants appeal. The facts so far as material are stated in the opinion. The alleged transfer of a one-half interest in the property in question to the plaintiff, Mary Paddock, was fraudulent and void as to defendants. §§ 4656, 4657, Comp. Laws; Longly v. Daty, 1 S. D. 257; 2 Kent Com.…

1Opinion of the CourtKellam, P. J.

On the 15th day of August, 1887, defendant Balgord, as sheriff of Brookings county, levied upon and afterwards sold one bay mare as the property of plaintiff Chester M. Paddock, upon an execution issued upon a judgment against said Paddock. Defendant Fisher was the judgment creditor, and directed such seizure and sale. The plaintiffs sought to recover the value of the mare, on the grounds that one undivided half of the same was the property of plaintiff Mary C. Paddock, and not liable for Chester M. Paddock’s debts, and that the other undivided half interest, belonging to Chester M. Paddock,…

2Cases cited4 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. Wildner v. FergusonSupreme Court of Minnesota · 1889
  3. Phillip Best Brewing Co. v. Pillsbury & Hurlbut Elevator Co.Supreme Court Of The Territory Of Dakota · 1888
  4. In re Ho KingDistrict Court, D. Oregon · 1883

3Cited by19 opinions

  1. State v. PetersSouth Dakota Supreme Court · 1983
  2. Linander v. LongstaffSouth Dakota Supreme Court · 1895
  3. Roberts v. ShafferSouth Dakota Supreme Court · 1916
  4. Congress Candy Co. v. Farmer SellNorth Dakota Supreme Court · 1944
  5. Mitchell Produce Co. v. MorrisonSouth Dakota Supreme Court · 1934

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