Hirsch v. Schlenker

Citations

• 11 S.D. 289
• 77 N.W. 106
• 1898 S.D. LEXIS 115

Syllabus

<p>Plaintiff’s husband conveyed land to her, and a few days thereafter negotiated a sale thereof to defendant. In an action by plaintiff for a balance of the price, defendant testified that the husband had said that he was the owner of the land, which he had “turned over” to his wife, to preclude a seizure thereof by creditors. Several witnesses testified that defendant had admitted owing the balance to plaintiff. Defendant denied or explained such testimony. The draftsman of the deed testified that plaintiff, when she executed the deed, told her husband'to deliver the deed to defendant, and bring back the price. Both parties requested a direction of the verdict. Held, that a direction of a verdict for plaintiff was sustained by the evidence.</p>