Hansen v. Hansen
| Decision Date | 03 February 1917 |
| Docket Number | No. 4149.,4149. |
| Citation | 161 N.W. 188,38 S.D. 272 |
| Parties | HANSEN et al. v. HANSEN. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Hamlin County; C. G. Sherwood, Judge.
Petition by Bergetta Hansen to allot homestead exemption, to which Walter H. Hansen and others file objections. Objectors appealed from a judgment of the county court of Hamlin county for petitioner, and upon trial de novo in circuit court modified judgment for petitioner was entered, and petitioner appeals. Motion to dismiss appeal denied.M. J. Russell, of Hayti, for appellant.
W. N. Skinner and E. P. Campbell, both of Castlewood, for respondents.
Bergetta Hansen, as the widow of Nils Hansen, deceased, filed her petition in the county court of Hamlin county, wherein the estate of said Nils Hansen was then being administered, to have allotted and set off to her a certain 158.10 acres of land, being a portion of said estate, as her homestead exemption under and by virtue of the laws of this state. Certain heirs and interested parties filed objections and made answer to said petition. After due notice and trial and hearing on said petition and answer, the county court made and entered its decree and judgment whereby it was “ordered, adjudged, and decreed that said real estate be set apart as a homestead for the use of said Bergetta Hansen, widow, during her lifetime, and Melvin Hansen, minor child, during his minority.” Thereafter the said heirs and interested parties duly appealed from said judgment and decree to the circuit court on questions of both law and fact, and demanded a trial de novo in the circuit court. Thereafter in the circuit court a trial was had and findings of fact and conclusions of law and judgment and decree entered thereon setting aside said land, including the dwelling house, to said widow and minor child as a homestead exemption to the extent of $5,000 in value, which said last-mentioned judgment was signed by the judge, attested and filed by the clerk of the circuit court on the 29th day of June, 1916. Thereafter, on the 21st day of December, 1916, the said Bergetta Hansen duly served notice of appeal and undertaking, appealing said cause to the Supreme Court from that part of said judgment and decree of the circuit court limiting the right and extent of said homestead to $5,000. Motion is now made to dismiss said appeal on the ground that the time within which an appeal was permitted had expired prior to the service of said...
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Hansen v. Hansen
...Attorneys for Appellant. M. J. Russell Attorney for Respondent. Opinion filed February 14, 1918. Rehearing denied March 8, 1918 (See 38 SD 272, 161 N.W. 188) POLLEY, J. The only question presented upon this appeal is whether the homestead right of a surviving widow entitles her to the posse......
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In re Schneider’s Estate
...circuit court there considered was a “judgment.” In re Mulligan’s Estate (Ryan et al. v. Lundberg), 60 SD 74, 243 NW 102, and Hansen v. Hansen, 38 SD 272, 161 N .W. 188. Heretofore we have not had occasion to consider whether, when the appeal to circuit court is solely on questions of law, ......