Hays v. Alway
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action -by Lewis J. Hays, against R. D. Alway and others, to set asidle a judgment and' execution -sale and conveyances thereunder. Prom a judgment for plaintiff, and from an.-order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Action -by Lewis J. Hays, against R. D. Alway and others, to set asidle a judgment and' execution -sale and conveyances thereunder. Prom a judgment for plaintiff, and from an.-order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellant cited: Burton v. Cooley (S. D.), 118 N. W. 1028. Respondent -cited': Massilon Engine Works vs. Hubbard (S. D.) 77 N. W. 588. (3) To -point three of the opinion, Appellants -cited; Hal■vorsen vs. Bennett (N. D.) 132- N. W. 434. (S) To point five of the opinion,…
1Opinion of the CourtPolley, J.
On and prior to the 30th day of November, 1910, the respondent in this action was the owner in fee of 80 acres of land in B-ro-wn county. On s-aid date a certain judgment was entered in a justice court in said county in an action wherein respondent was the defendant. Thereafter said judgment was docketed in the circuit -court of said' county, execution issued' thereon, and the s-aid 80 acres of land' levied1 upon and sold thereunder. This -sale took place on the 19th day of June, 1911. The appellant R. D. Alway was the plaintiff in said; action and the purchaser at the said execution sale.…
2Cases cited18 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Mastin v. GraySupreme Court of Kansas · 1878
- Hanson v. WolcottSupreme Court of Kansas · 1877
- Bond v. WilsonSupreme Court of Kansas · 1871
- Vaule v. MillerSupreme Court of Minnesota · 1897
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- Marilyn Marshall v. Mikel WarwickCourt of Appeals for the Eighth Circuit · 1998