Evenson v. Webster
South Dakota Supreme Court
Appeal from district court, Minnehaha County. Hon. John E. Oakland, Judge. Action to recover the possession of certain real property. Defendant bad judgment. Plaintiff appeals. The facts are stated in the opinion. The instrument purporting to be a will in this case was at best a mere proposal, which, unaccepted, was revoked by the death of the maker. Sections 3310, 3313, 3318, 3517, 3522, Comp. Laws; Whart. Con. Laws, § 645; Story, Con.
Read the full summary
Appeal from district court, Minnehaha County. Hon. John E. Oakland, Judge. Action to recover the possession of certain real property. Defendant bad judgment. Plaintiff appeals. The facts are stated in the opinion. The instrument purporting to be a will in this case was at best a mere proposal, which, unaccepted, was revoked by the death of the maker. Sections 3310, 3313, 3318, 3517, 3522, Comp. Laws; Whart. Con. Laws, § 645; Story, Con. Laws, § 474; Kerr v. Moore, 9 Wheat. 565; Jones v. Bóbinson, 17 Ohio St. 171. Even if an unsuccessful attempt at making a will it could pass no title. To…
1Opinion of the CourtCorson, J.
This was an action brought by the plaintiff as the sister and only heir of Staale Simonson, deceased, to recover the possession of 160 acres of land in Minnehaha county, of which it is alleged said Simonson died seised. The case was tried by the court without a . jury, and upon the facts found by the court and its conclusions of law, judgment was rendered for the defendant. From this judgment the plaintiff appeals.
Numerous errors are assigned, nearly all of which specify as grounds of error the insufficiency of the evidence to justify the findings. Counsel for defendant and respondent object…
2Cases cited7 opinions
- Towle v. . RemsenNew York Court of Appeals · 1877
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Lambert v. SmithOregon Supreme Court · 1881
- Barksdale v. HairstonSupreme Court of Virginia · 1886
- Field v. ColumbetDistrict Court, N.D. California · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Olson v. CornwellCalifornia Court of Appeal · 1933
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Young v. RuddCourt of Appeals of Texas · 1950
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- Stephens v. FausSouth Dakota Supreme Court · 1906
14 more not listed; retrieve them via the Exa API.