Legal Opinion

Dorsey v. Hall

Supreme Court Of The Territory Of Dakota

Decided February 4, 1889PublishedCited by 3 opinions

Appeal from district court of Lawrence county; Hon. Chaeles M. Thomas, Judge. The question of homestead cannot be tried in this summary ■manner upon motion and affidavits, but by the court in a proper action, in which issue shall be joined and evidence taken. Blc-■Cracken v. Weitzel, 29 N. W. Eep. 62é. The customary, if not universal, procedure is by injunction.

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Appeal from district court of Lawrence county; Hon. Chaeles M. Thomas, Judge. The question of homestead cannot be tried in this summary ■manner upon motion and affidavits, but by the court in a proper action, in which issue shall be joined and evidence taken. Blc-■Cracken v. Weitzel, 29 N. W. Eep. 62é. The customary, if not universal, procedure is by injunction. Ashton v. Ingh, 20 Kan. 670; Swenson v. Kiehl, 21 Kan. 533; Or by bill in equity to set aside the sale and remove the cloud. Avery v. Stejttiens, 12 N. W. Eep. 211; Liebetrau v. Qoodsell, 26 Minn. 417,4 N. W. Eep. 813. This…

1Opinion of the Court

Oakland,.J.

The" record in the above action discloses that-on or about the 5th day of August, 1884, the appellant herein obtained a judgment in the district court of Lawrence county against the respondent and one David H. Winyall, for the sum of $1,759.39, and that by virtue of an execution duly issued upon said judgment the sheriff of said county did on the 18th day of December, 1886, levy upon the S. W. ¿ of the S. E. ¿,. and the 8. E. J of the S. W. J, section 1, and the N. W. J of the N. E. and the N. E. J of the N. W. J, section 12, township 3 N., range 6 E., situated in said county of…

2Cases cited4 opinions

  1. Draggoo v. GrahamIndiana Supreme Court · 1857
  2. Lasselle v. MooreIndiana Supreme Court · 1822
  3. Miller v. AshtonIndiana Supreme Court · 1844
  4. Stockwell v. WalkerIndiana Supreme Court · 1852

3Cited by3 opinions

  1. Cable v. Magpie Gold Mining Co.South Dakota Supreme Court · 1909
  2. Froelich v. AylwardSouth Dakota Supreme Court · 1899
  3. McCarthy v. SpeedSouth Dakota Supreme Court · 1903

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