13 S.D. 347 | S.D. | 1900
This is an action by the plaintiff to foreclose a lien against a dwelling house situated on a lot in the city of Milbank, for material furnished for its erection. The case was tried by the court without a jury, and findings were made, and judgment entered thereon in plaintiff’s favor. The sufficiency of the evidence to sustain the findings of fact and the correctness of the conclusions of law were challenged on a motion for a new trial, and from the order denying the motion and from the judgment the defendant Seymore appeals.
The title to the lot upon which the buiding was erected was held by Hanna P. Cleveland under a contract made with Seymore to purchase the same. The court, in its second finding of fact, finds that on or about the 22d day of March, 1893, the defendants Hanna P. Cleveland and William Cleveland, her