Brady v. Kreuger

Citations

• 8 S.D. 464
• 66 N.W. 1083
• 1896 S.D. LEXIS 61

Syllabus

<p>1. A complaint alleging that plaintiff was the owner and seised in fee of certain premises; that, while such owner and seised and possessed of the premises, defendant unlawfully entered upon the second story thereof, and ousted and ejected plaintiff therefrom, and has ever since withheld possession from plaintiff, to his damage; concluding with demand for judgment for possession and damages — is sufficient as a complaint for the recovery of possession of real property.</p> <p>2. A partner, being a tenant in common with his co-partner, may recover possession of the whole of the firm real estate, as against one holding the same without title.</p> <p>8. Where there has been a motion to direct a verdict, the court is required, on appeal, to review the evidence, in order to determine whether, as a matter of law, the verdict was properly directed, or the motion denied; and in such case it is not necessary that the hill of exceptions should specify the particulars in which the evidence is insufficient.</p> <p>4. Under Comp. Laws 1887, § 4034, providing that each member of a partnership may require the firm property to be applied to the discharge of its debts, and has a lien on the shares of the other partners for this purpose, a partner cannot, by obtaining possession of, and using as a residence, firm real estate, acquire a homestead right therein.</p> <p>5. Where real estate has been occupied as a homestead by husband and wife, the wife, upon being divorced from her husband, retains no right . to a homestead in the premises, in the absence of a decree to that effect.</p>