Legal Opinion

Kingman v. O'Callaghan

South Dakota Supreme Court

Decided February 7, 1894PublishedCited by 19 opinions

Appeal from circuit court, Lawrence county. Hon Chas. M. Thomas, Judge. Action for the foreclosure oí a mortgage, and for other relief. From the judgment rendered, plaintiff appeals. The facts are fully stated in the opinion. Actual occupation and residence are necessary to constitute a homestead.

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Appeal from circuit court, Lawrence county. Hon Chas. M. Thomas, Judge. Action for the foreclosure oí a mortgage, and for other relief. From the judgment rendered, plaintiff appeals. The facts are fully stated in the opinion. Actual occupation and residence are necessary to constitute a homestead. Thompson on Homestead and exemptions, Sec. 241, etc; Smythe on Homestead and Exemptions, Sec. 165; Charles and Blow v. Lamberson, 1 la. 453; Hale v. Heaslip, 16 la. 451; Christie v. Dyer, 14 la. 438; Davis, Moody & Co. v. Kelly, 14 la. 524; Frooman v. Stewart, 5 Bissell, 20; Elston & Green v.…

1Opinion of the CourtFuller, J.

The complaint in this case, after stating a cause of action for the foreclosure of a certain real estate mortgage dated July 21, 1889, executed and delivered by the defendants James O’Callaghan and Mary O’Callaghan to the plaintiff and appellant, Charles H. Kingman, to secure a promissory note for $4,627, of even date therewith, and concerning the foreclosure of which no defense is made, contains the following allegations: ‘‘(8) And the plaintiff further states that, asa further security for the indebtedness above described, the defendant James O’Callaghan, being the owner of a certain…

2Cases cited11 opinions

  1. Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
  2. Scofield v. HopkinsWisconsin Supreme Court · 1884
  3. Blum v. CarterSupreme Court of Alabama · 1879
  4. Reske v. ReskeMichigan Supreme Court · 1883
  5. Cowgell v. WarringtonSupreme Court of Iowa · 1885

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

3Cited by19 opinions

  1. Speck v. AndersonSouth Dakota Supreme Court · 1982
  2. In Re RobertsUnited States Bankruptcy Court, D. Massachusetts · 2001
  3. Jensen v. GriffinSouth Dakota Supreme Court · 1913
  4. Gross v. GrossSouth Dakota Supreme Court · 1992
  5. Harter v. DavisonSouth Dakota Supreme Court · 1928

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

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