Smith v. Bowder
South Dakota Supreme Court
Appeal from Circuit Court, Gregory County. PJon. William Williamson, Judge. Action 'by James A. Smith against Ida Stow Bowder and others, to foreclose a mechanic’s lien, etc. From a judgment for defendants and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Gregory County. PJon. William Williamson, Judge. Action 'by James A. Smith against Ida Stow Bowder and others, to foreclose a mechanic’s lien, etc. From a judgment for defendants and from an order denying a new trial, plaintiff appeals. The court erred in holding that because Ida Stow Bowder occupied one dwelling on the premises as her home, and the premises did not exceed one acre in area or $5',ooo in value, the entire land, including the two other dwelling houses not occupied by her but rented to tenants, constituted part of her homestead, and was exempt from…
1Opinion of the CourtWhiting, P. J.
This action was brought to foreclose a mechanic’s lien and to establish its priority over certain mortgage and judgment liens. The cause was submitted upon an agreed statement of facts, and judgment was rendered thereon in favor of defendants. From such judgment and an order denying a new trial, plaintiff has appealed.
[1] Appellant has raised several questions, not one of which is, under the .view which we take, necessary for our- consideration. The trial court held the alleged lien to be “invalid and void”; the record does not reveal -the ground for such holding, "but, if it is clear that…
2Cases cited2 opinions
- Sioux Remedy Co. v. CopeSouth Dakota Supreme Court · 1911
- Dusick v. GeeenWisconsin Supreme Court · 1903
3Cited by6 opinions
- Corsica State Bank v. HeezenSouth Dakota Supreme Court · 1928
- Fircrest Supply, Inc. v. PlummerCourt of Appeals of Washington · 1981
- Kuntz v. PartridgeNorth Dakota Supreme Court · 1954
- Schubloom v. DONAVON AND ASSOCIATES, INC.South Dakota Supreme Court · 1976
- Velten v. McDonaldSouth Dakota Supreme Court · 1930
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