Legal Opinion

Printup v. Kenner

South Dakota Supreme Court

Decided December 22, 1920No. File No. 4763PublishedCited by 8 opinions

Appeal from Circuit Court, Marchall County. Hon. Raymond L. -Duxman, Judge. Action by Marion H. Printup, as administratrix of the estate of D. L. Printup, deceased, and another, against C. W. Kenner, Sheriff of Marshall 'County, South Dakota and the Commissioner or Officer of the Court, and others; Diana Bingham and Charlotte Bingham, intervening, to enjoin defendant Sheriff from, making an execution sale of certain land.

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Appeal from Circuit Court, Marchall County. Hon. Raymond L. -Duxman, Judge. Action by Marion H. Printup, as administratrix of the estate of D. L. Printup, deceased, and another, against C. W. Kenner, Sheriff of Marshall 'County, South Dakota and the Commissioner or Officer of the Court, and others; Diana Bingham and Charlotte Bingham, intervening, to enjoin defendant Sheriff from, making an execution sale of certain land. From a judgment in favor of the interveners, plaintiffs appeal. (i) Under point one of the opinion, Appellant cited: Cotton v. Horton (N. D.) 132 N. W. 225; Bailey v.…

1Opinion of the CourtMcCOY, P. J.

This action was instituted by plaintiffs, as alleged owners of certain real estate, to restrain the sheriff from *475making- an execution sale of said lands under judgments rendered against alleged former owners. The defendant sheriff made answer, denying plaintiffs’ ownership. and affirmatively alleging the rendition of said judgments against the Binghams, prior owners, and the issuance of execution thereunder requiring defendant, as sheriff, to make sale of said lands. Diana and 'Charlotte Bingham intervened in the action, each claiming an interest in said lands, and alleging the foreclosure…

2Cases cited8 opinions

  1. Moore v. . City of AlbanyNew York Court of Appeals · 1885
  2. Hines v. DriverIndiana Supreme Court · 1882
  3. Brekke v. CrewSouth Dakota Supreme Court · 1920
  4. Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  5. Thomas v. IssenhuthSouth Dakota Supreme Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hunt v. HuntSouth Dakota Supreme Court · 1981
  2. State v. MeansSouth Dakota Supreme Court · 1978
  3. Hunt v. HuntSouth Dakota Supreme Court · 1981
  4. Kaas v. First State BankSouth Dakota Supreme Court · 1923
  5. St. Paul Fire & Marine Insurance Co. v. EngelmannSouth Dakota Supreme Court · 2002

3 more not listed; retrieve them via the Exa API.

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