13 S.D. 262 | S.D. | 1900
Through Andrew McCullom, deceased, each of these parties claim to be the owner of 160. acres of land, worth about §700, and a trial of the action resulted in a decree quieting in respondent title thereto' based upon an oral agreement made by and between himself and Andrew" McCullom nearly six years prior to his death, and by the terms of which he promised and agreed that at his death respondent should have and become the owner of the premises as compensation for a home during his life in the family of respondent, who, pursuant to snch agreement, has continuously lived upon and cultivated the land, giving to said William McCullom a share of the crop annually in addition to board and other valuable considerations including the surrender of a squatter's right to certain government land upon which he had in the year 1891 erected a log house. Without attempting to fix a money compensation for the very difficult and exceedingly unpleasant services rendered of necessity by respondent and his wife to