Purinton v. Purinton
South Dakota Supreme Court
■Appeal from 'Circuit Court, Meade County. Hon. James McNenny, Judge. Action by Richard E. Purinton, against Sadie B. Purinton, for partition, etc., of realty. From an order setting aside a judgment in favor of plaintiff, he appeals. (2) To point two- of the opinion, Respondent cited: Noreiga v. Knight, 20 Cal., 173; Wells v. Penfield, (Minn.) 72 N. W. 817. (3) To point three, Respondent cited: Civ.
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■Appeal from 'Circuit Court, Meade County. Hon. James McNenny, Judge. Action by Richard E. Purinton, against Sadie B. Purinton, for partition, etc., of realty. From an order setting aside a judgment in favor of plaintiff, he appeals. (2) To point two- of the opinion, Respondent cited: Noreiga v. Knight, 20 Cal., 173; Wells v. Penfield, (Minn.) 72 N. W. 817. (3) To point three, Respondent cited: Civ. Code, Sec. 1201; Whittaker v. Warren, 14 S. D. 611; Williams v. Fairmount District 129 N. W. 1027 (N. D.) ; Parsons v. Balsón, 109 N. W. 136 (Wis.) 23 Cyc. 907; Cline v. Duffy, 129 N. W. 75 (N.…
1Opinion of the CourtWhiting, P. J.
Appeal by plaintiff from an order opening ■up and setting aside a judgment for the purpose of a trial upon the merits. The action was started in January, 1913. Plaintiff claimed to be a cotenant, joint tenant, and tenant in common with *127defendant, of a farm and certain other real property the title to' which stood in defendant's name. He prayed a judgment partitioning said property, or, if partition of same could not be had, then for a sale thereof and division of the proceeds. Defendant answering claimed to be the sole owner of such property, and, as a counterclaim, alleged that defendant was…
2Cases cited4 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Patterson v. KeeneyCalifornia Supreme Court · 1913
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1897
- Whittaker v. WarrenSouth Dakota Supreme Court · 1901
3Cited by15 opinions
- Dunham v. First National Bank in Sioux FallsSouth Dakota Supreme Court · 1972
- Janssen v. TushaSouth Dakota Supreme Court · 1942
- In re the Termination of Parental Rights Over J.M.J.South Dakota Supreme Court · 1985
- Boshart v. National Benefit Ass'nSouth Dakota Supreme Court · 1937
- Moore v. Connecticut General Life InsuranceSouth Dakota Supreme Court · 1947
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