Wells v. Sweeney
South Dakota Supreme Court
Appeal fiom Circuit Court, Pennington County. Hon. Levi McGee, Judge. Partition by George Wells, against Mary A. Sweeney and others. Judgment for plaintiff, and defendants appeal. A homestead in the sole and exclusive possession of the surviving husband, claiming and retaining his life estate, cannot be partitioned 'in a suit by him against the remainder-man or reversioner. Sec. 5362 Comp. Laws. §§ 431, 440, Preem.
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Appeal fiom Circuit Court, Pennington County. Hon. Levi McGee, Judge. Partition by George Wells, against Mary A. Sweeney and others. Judgment for plaintiff, and defendants appeal. A homestead in the sole and exclusive possession of the surviving husband, claiming and retaining his life estate, cannot be partitioned 'in a suit by him against the remainder-man or reversioner. Sec. 5362 Comp. Laws. §§ 431, 440, Preem. Co-Ten & Part.; Metcalf v. Miller, 56 N. W., 17; Seiders v. Giles,-21 Atl., 514; Love v. Blauw, 59 Pac. 1059; Wood v. Bryant, 8 So., 518; Smith v, Runnels, 65 N. W., 1002; Johnson…
1Opinion of the CourtCorson, J.
This is an an action for the partition of real property. Findings and judgment were in favor of the plaintiff, and the defendants appeal. The questions raised are fully presented by the findings of fact and conclusions of law, the material parts of which are, in substance: That one Elizabeth V. Wells, at the time of her death, was the owner in fee of a quarter section of land in Pennington county, described in the findings; that the plaintiff was the husband of the said Elizabeth V. Wells, and that the said land was used by the deceased and the plaintiff herein as a homestead up to the time…
2Cases cited8 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Burns v. KeasSupreme Court of Iowa · 1866
- Sohier v. EldredgeMassachusetts Supreme Judicial Court · 1869
- Parsons v. WinslowMassachusetts Supreme Judicial Court · 1820
- St. Paul Trust Co. v. MintzerSupreme Court of Minnesota · 1896
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3Cited by5 opinions
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- Healy v. Bismarck BankNorth Dakota Supreme Court · 1915
- Karbs v. BouseSupreme Court of Oklahoma · 1945
- United States v. NelsonDistrict Court, D. South Dakota · 2018
- Wisner v. PavlinSouth Dakota Supreme Court · 2006