Dawley v. Sherwin
South Dakota Supreme Court
Appeal from circuit court, .Kingsbury county. Hon. J. O. Andrews, Judge. Action by an assignee for the benefit of creditors to recover of the defendant as sheriff the value of certain goods sold by the defendant under an execution. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. A deed of assignment is void when the debtor therein reserves exemptions to which he is not entitled. Comp.
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Appeal from circuit court, .Kingsbury county. Hon. J. O. Andrews, Judge. Action by an assignee for the benefit of creditors to recover of the defendant as sheriff the value of certain goods sold by the defendant under an execution. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. A deed of assignment is void when the debtor therein reserves exemptions to which he is not entitled. Comp. Laws, § 4663; Pugg v. Till, 2 Swan, 208; Gall v. Healy, 20 N. W. 674; Clark v. Robinson, 8 Kan. 574; Farquharson v. McDonald,'2 Heish, 404; 1st Natl. Bank v. Hinman, 21 N. W.…
1Opinion of the CourtFuller, J.
On the 28th day of January, 1891, Jennie G. Drake made a general assignment for the benefit of creditors to the plaintiff and respondent, and, on the 6th day of February of that year, Oliver C. Wyman et al, brought suit against her to recover money due on account, and caused the defendant and appellant, as sheriff of Kingsbury county, to levy an attachment upon the assigned goods and chattels, as the property of said J ennie G. Drake. Defendant waived her right to answer, and by stipulation of parties a judgment for the full amount claimed was entered against her on the 16th day of the…
2Cases cited5 opinions
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Tessier v. Lockwood Englehart & Co.Nebraska Supreme Court · 1885
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Russell v. RalphWisconsin Supreme Court · 1881
- Fry v. SoperMichigan Supreme Court · 1878
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- Deseret National Bank v. Little, Roundy & Co.Utah Supreme Court · 1896
- Johnson v. EmeryUtah Supreme Court · 1906
- McCarthy Bros. v. McLean County Farmers Elevator Co.North Dakota Supreme Court · 1908
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921