Wallace v. Singer Manufacturing Co.

Citations

• 12 S.D. 168
• 80 N.W. 188
• 1899 S.D. LEXIS 98

Syllabus

<p>In an action for damages alleged to have been occasioned by the levy of a garnishment, complainant averred that, having complied with the statutes applicable to acquiring a homestead, he arranged for a loan for the amount required on the submission of final proofs, and, while it was in possession of lender’s agent, defendant served the garnishment, by which he was unable to pay the sum required on his homestead, and it was forfeited, to his -damage. Held, that the complaint was properly dismissed, for, had complainant completed the loan and acquired title thereto, the money would not have been exempt.</p>