Legal Opinion

Morgan v. Beuthein

South Dakota Supreme Court

Decided May 17, 1898PublishedCited by 6 opinions

Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action to foreclose a mechanic’s lien. Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion.

1Opinion of the CourtCorson, P. J.

This is an action to foreclose a lien for material furnished for the erection of buildings on property claimed and occupied as a homestead. Judgment for the defendants and the plaintiffs appealed.

The defendant Beuthein filed a separate answer, alleging that the lumber and material for which the plaintiffs sought to enforce a lien were furnished to his co-defendant, Lamaack, who was the head of a family, and who claimed, and with his family occupied, the premises as a homestead; that the home*651stead did not embrace to exceed 160 acres in extent, and did not exceed in value 15,000; and that…

2Cases cited5 opinions

  1. Morris v. WardSupreme Court of Kansas · 1869
  2. Green v. MarksIllinois Supreme Court · 1860
  3. Black v. EppersonTexas Supreme Court · 1874
  4. Alley v. BaySupreme Court of Iowa · 1859
  5. Fallihee v. WittmayerSouth Dakota Supreme Court · 1897

3Cited by6 opinions

  1. Speck v. AndersonSouth Dakota Supreme Court · 1982
  2. Bigelow v. BoothSouth Dakota Supreme Court · 1916
  3. Campbell v. Largilliere Co., BankersIdaho Supreme Court · 1927
  4. Sidle v. CheneySouth Dakota Supreme Court · 1952
  5. In Re Wright's EstateSouth Dakota Supreme Court · 1943

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