Brady v. Kreuger
South Dakota Supreme Court
Appeal from Circuit court, Campbell county. Hon. Loring E. Gappy, Judge. Action to recover possession of certain real estate. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. Real- estate belonging to a co-partnership is subject to the same rules as the personal property of such co-partnership.
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Appeal from Circuit court, Campbell county. Hon. Loring E. Gappy, Judge. Action to recover possession of certain real estate. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. Real- estate belonging to a co-partnership is subject to the same rules as the personal property of such co-partnership. Betts v. Letcher, 1 S. D., 197, 46 N. W. 193. Defendant Nid-row has not pleaded that any homestead was assigned to her in the divorce proceedings; if she had a homestead in the property in controversy prior to the decree of divorce, it terminated with the decree,…
1Opinion of the CourtCorson, P. J.
This was an action to recover the possession of real property, and damages for its detention. The action was originally commenced against Kreuger alone, but subsequently Minnie Nidrow (formerly Minnie Kipp) was made a. party defendant by an amendment to tb\e answer. Kreuger, in. *466bis answer, denies the ownership of the plaintiff, and alleges, in substance, that Minnie Kipp was at all times mentioned in the complaint in the lawful and peaceable possession of the second story of the building on said premises, by virtue of a homestead right thereto as the wife of John Kipp, and that defendant was…
2Cases cited5 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
- Treat v. ReillyCalifornia Supreme Court · 1868
- Collier v. CorbettCalifornia Supreme Court · 1860
3Cited by23 opinions
- Tanton v. State National BankTexas Supreme Court · 1935
- Goldsborough v. HewittSupreme Court of Oklahoma · 1909
- McPherson v. SwiftSouth Dakota Supreme Court · 1908
- Eucaline Medicine Co. v. Standard Inv. Co.Court of Appeals of Texas · 1930
- Zanone v. SpragueCalifornia Court of Appeal · 1911
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