Hesnard v. Plunkett

Citations

• 6 S.D. 73
• 60 N.W. 159
• 1894 S.D. LEXIS 122

Syllabus

<p>1. Under the homestead and exemption laws of this state in force prior to the amendment of the exemption law by the act of 1890, a single person, though not the head of a family, in the actual occupancy of a homestead, as defined in chapter 23 of the Political Code, was entitled to claim the . same as a homestead, and hold the same exempt from forced sale on execution.</p> <p>2. One who claims a government homestead under the laws of the United States, embracing 160 acres, and is settled upon and occupying the same for the purpose of acquiring the government title thereto, cannot, before he is entitled to a patent therefor, hold a homestead under the state law, embracing 19 acres of such government homestead claim and 141 acres of a pre-emption claim for which a patent has been issued to him, and from which he removes to the land embraced in his government homestead claim.</p> <p>(Syllabus by the court.</p>