181 N.W. 97 | S.D. | 1921
To prove that plaintiff had abandoned her homestead right in the land, defendant showed that, shortly after Robert O’Niell entered into the contract for the sale of the land, plaintiff purchased an adjoining quarter section of land known as the “Ryan” land, on which a suitable dwelling house was in course of construction; that after the purchase she made some changes in the interior of the building and gave directions as to the manner of finish. After this house was completed and after plaintiff had been ousted from thelMcEw-en land, she, with the family, moved into the said house and occupied it as a dwelling, and was so occupying it at the time of the trial of this action.
Plaintiff contends that she purchased this latter place for the purpose of providing a home for one of -her sons, and that she did not intend to make it her homestead or to occupy it longer than until a suitable dwelling could be erected on the MoEwen land. In this contention she is corroborated by an abundance of competent testimony. -Mr. Ryan, the party from whom she made the purchase, testified thát, when she was negotiating for the land, both she and her husband stated that she was purchasing it for their son George, and this same witness testified that plaintiff’s son George had already approached him on the subject of the purchase of this same piece of land.
Upon the undisputed facts as they appear in this record, the findings and judgment should have been in favor of the plaintiff.
The judgment appealed from is reversed.