Kingman v. O'Callaghan
South Dakota Supreme Court
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
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Blum v. CarterSupreme Court of Alabama · 1879
- Reske v. ReskeMichigan Supreme Court · 1883
- Cowgell v. WarringtonSupreme Court of Iowa · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Speck v. AndersonSouth Dakota Supreme Court · 1982
- In Re RobertsUnited States Bankruptcy Court, D. Massachusetts · 2001
- Jensen v. GriffinSouth Dakota Supreme Court · 1913
- Gross v. GrossSouth Dakota Supreme Court · 1992
- Harter v. DavisonSouth Dakota Supreme Court · 1928
14 more not listed; retrieve them via the Exa API.