Hickson v. Culbert
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by John Hickson against Archie Culbert and others. From a judgment in favor of plaintiff, defendants appeal.
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Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by John Hickson against Archie Culbert and others. From a judgment in favor of plaintiff, defendants appeal. When the grantee is the wife of the respondent, and they occupied the place as a homestead, the presumption is that it was intended as a gift or advancement, even if the husband paid the consideration; and the parties intended that the full and absolute title, both legal and equitable, should pass together at the same time and by the same conveyance, and to overcome this presumption the evidence must be…
1Opinion of the CourtCorson, P. J.
This is an action to quiet title to certain lots in the city of Sioux Palls, brought under the provisions of chapter 194 of the Laws of 1908. The' case was tried to the court, and, the findings and judgment being in favor of the. plaintiff, the defendants have appealed.
The plaintiff was the husband of Anna M. Hickson, who departed this life intestate in 1902, leaving no issue, and only her husband and the defendants as her heirs at law and next of kin.- The court found, in substance, that the plaintiff was the owner in fee simple of the property; that the record title to the property stood of…
2Cases cited1 opinion
- Dorman v. DormanIllinois Supreme Court · 1900
3Cited by6 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Clark v. FrazierSupreme Court of Oklahoma · 1918
- Fox v. FoxNorth Dakota Supreme Court · 1928
- Jones v. JonesSouth Dakota Supreme Court · 1940
- Neppach v. NorvalOregon Supreme Court · 1925
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