Nichols & Shepard Co. v. Cunningham

Citations

• 16 S.D. 475
• 94 N.W. 389
• 1903 S.D. LEXIS 109

Syllabus

<p>1. Laws 1862, p. 474, o. 84, authorized the district court, on application of the proprietor of any town, to vacate the same, on a previous notice in writing having been posted in at least two public places in the county, and a copy thereof inserted in a newspaper printed in the county at least 40 days prior to the sitting of the court at which the appplication is to he made, and declared that, if the applicant should produce satisfactory evidence that such notice has been given, the court should proceed to hear and determine the matter and vacate the town. Held, that where a judgment vacating a town plat recited that satisfactory legal evidence pf the pesting and publicatien of the notice had been produced, it would be presumed in a subsequent proceeding, in the absence of evidence to the contrary, that the notice was properly posted and published.</p> <p>2. The act required but one publication of the notice.</p> <p>3. Code 1877, c 38, § 8 re-enacting Laws 1874 — 75, p. 164, § 37, provided that a homestead exemption within a town plat should not exceed one acre in extent, and, if not within a town plat, the exemption should not embrace, in the aggregate, more than 160 acres; and Act 1890, amending such homestead law, provides that nothing therein shall he construed to impair the obligation of existing contracts, or reduce the exemption, as far as existing contracts are concerned, and that conflicting acts shall be repealed, except as to contracts existing and as to indebtedness incurred thereunder, etc. Held that, as against an indebtedness created in 1878, the homestead rights of the debtor were governed by Laws 1874-75.</p>