Hesnard v. Plunkett
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. William Gardner; Judge. Action to recover possession of certain land. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. A debtor may claim a homestead in lands occupied by him as a co-tenant only.
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Appeal from circuit court, Custer county. Hon. William Gardner; Judge. Action to recover possession of certain land. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. A debtor may claim a homestead in lands occupied by him as a co-tenant only. Oswold v. McCauley, 6 Dak. 289; 42 N. W. 769. A person in possession of lands under a contract for their' purchase has an interest in the land to which a homestead right will attach. Myrick v. Bill, 5 Dak. 167. A party who has settled upon and is occupying lands under the homestead laws of the…
1Opinion of the CourtCorson, P. J.
This was an action to recover possession of 140 acres of land alleged to be unlawfully withheld by defendants. The defendants demurred to the complaint on the following grounds, among others: “(1) Said complaint does not state facts sufficient to constitute a cause of action herein in favor of the plaintiff and against the defendants. (2) It appears upon the face of the complaint that the plaintiff is not such person as can claim a homestead under the exemption laws of the territory of Dakota, now state of South Dakota. (3) It appears on the face of the complaint that before the land…
2Cases cited1 opinion
- Myers v. FordWisconsin Supreme Court · 1867
3Cited by4 opinions
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- Bell v. WilsonCalifornia Supreme Court · 1916
- McCanna v. AndersonNorth Dakota Supreme Court · 1897
- Somers v. SomersSouth Dakota Supreme Court · 1914