Legal Opinion

Longley v. Daly

South Dakota Supreme Court

Decided July 8, 1890PublishedCited by 25 opinions

Appeal from district court, Miner county. Hon. Bartlett Tripp, Judge. Action in claim and delivery to recover possession of certain personal property in defendant’s hands as sheriff upon a levy under an execution. Judgment for defendant. Plaintiff appeals. The material facts are stated in the opinion. The voluntary transfer of property exempt from execution vests a good title in the donor, as against creditors.

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Appeal from district court, Miner county. Hon. Bartlett Tripp, Judge. Action in claim and delivery to recover possession of certain personal property in defendant’s hands as sheriff upon a levy under an execution. Judgment for defendant. Plaintiff appeals. The material facts are stated in the opinion. The voluntary transfer of property exempt from execution vests a good title in the donor, as against creditors. The sale to the plaintiff of the property in controversy was valid and passed the title. Foreman v. Foreman, 9N. W. 172; Gillespie v. Brown, 20 N. W. 632; Baggs v. Thompson, 14N. W.…

1Opinion of the CourtBennett, J.

On the 13th day of September, 1887, an execution was duly issued out of the office of the clerk of the district court of Miner county, D. T., upon a judgment previously obtained in the suit of C. W. and H. W. Zickrick, under the firm name of Zickrick Bros., v. J. W. Hill. September 27,1887, due levy under said execution was made upon an undivided one-half of 10 certain wheat stacks, then standing upon the southwest quarter of section 21, township 106 N., range 55 W., fifth P. M., as the property of said J. W. Hill. On the 30th day of September, 1887, or within three days from the date of said…

2Cases cited5 opinions

  1. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  2. Pleasants v. FantSupreme Court of the United States · 1875
  3. Railroad Co. v. FraloffSupreme Court of the United States · 1879
  4. Baker v. JosephCalifornia Supreme Court · 1860
  5. Arnold v. SkaggsCalifornia Supreme Court · 1868

3Cited by25 opinions

  1. Braithwaite v. AikenNorth Dakota Supreme Court · 1891
  2. Dieter v. FraineNorth Dakota Supreme Court · 1910
  3. Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
  4. Howie v. BratrudSouth Dakota Supreme Court · 1901
  5. Palmer v. SchurzSouth Dakota Supreme Court · 1908

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