Aspey v. Barry

Citations

• 13 S.D. 220
• 83 N.W. 91
• 1900 S.D. LEXIS 130

Syllabus

<p>1. Where deceased filed, a timber-cultui'e claim to government land,'and a patent therefor was subsequently issued “to the heirs of” decedent,- such heirs did not take by inheritance, but as direct grantees from the government.</p> <p>2. Comp. Laws, $ 2591, declares that a husband and wife may agree in writing to an immediate separation providing for support. A husband and wife entered into a separation agreement, by which each waived all • rights in the other’s properly, acquired or to be thereafter acquired. The heirs of the husband thereafter obtained a patent for a timber-culture claim, to which, the husband was entitled to make final proof at his death, and the wife and one of the heirs executed a quitclaim deed thereof to defeudaut. Held, that by the separation agreement the wife released all right to share in any properly to the acquisition of which the husband had contributed, and hence defendant was only entitled to the heirs share of the land in a suit to partition the same.</p> <p>Haney, J., dissenting.</p>