Legal Opinion

Riley v. Jorgenson

South Dakota Supreme Court

Decided January 22, 1915No. File No. 3657PublishedCited by 2 opinions

Appeal from Circuit Court, Flamlin- County. Hon. Carr G. Sherwood, Judge. Action by Jenn-ie Riley against J. T. Jorgenson, Sheriff o-f Hamlin -County, and another, to enjoin an execution sale of realty. From a judgment for plaintiff, and from an order denying a new trial, -defendants appeal.

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Appeal from Circuit Court, Flamlin- County. Hon. Carr G. Sherwood, Judge. Action by Jenn-ie Riley against J. T. Jorgenson, Sheriff o-f Hamlin -County, and another, to enjoin an execution sale of realty. From a judgment for plaintiff, and from an order denying a new trial, -defendants appeal. (a) Under point one of the opinion, Appellants-cited: 4 Ency. of Etv. 223, 158-; Smith v.'Cole, 109 N. Y. 43Ó, 17 N. E. 356. Respondent cited: Bool v. Davis, 34 N. E. 1130; Daily v. Sorocco, (Cal.) 22 Pac. 211; Cointe v. Cong, of St. John, (Wis.) 143 N. W. 180; In re Hill’s. Estate, (Cal.) 138 Pac. 690;…

1Opinion of the CourtMcCOY, P. J.

This action was instituted by respondent, as plaintiff, to -perpetually enjoin and restrain appellants, as sheriff and trustee in -bankruptcy of one Frank O. Riley, as defendants from, selling a certain quarter section of land, claimed to be owned iby respondent, at execution sale, as the property of said Frank O. Riley, the husband of respondent. The vital issue in the case was whether respondent or her husband was the -owner of said tract of latid in 1912, at the time of the entry of judgment and the levying thereunder of said execution. Findings and judgment were in favor of plaintiff, and…

2Cases cited3 opinions

  1. Smith v. CleaverSouth Dakota Supreme Court · 1910
  2. Naddy v. DietzeSouth Dakota Supreme Court · 1901
  3. Chaffee-Miller Land Co. v. BarberNorth Dakota Supreme Court · 1903

3Cited by2 opinions

  1. Wallahan v. WallahanSouth Dakota Supreme Court · 1979
  2. P. H. & F. M. Roots Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1927

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