Gale v. Frazier
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Minnehaha county. The facts are stated in the opinion. A denial of the right to intervene in a proper case is error. Martin v. Thomson, 63 Cal. 1; Coburn v. Smart, Hearst, intervenor, 53 Cal. 742; Coffey v. Greenfield, 55 Cal. 382; Pomeroy’s R. & R., Secs. 411, 413 note, 426, 431; Code Civil Proc. Sec. 90. If the deed to Hodgdon was void Margaret Frazier was the legal owner of the land.
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Appeal from the district court of Minnehaha county. The facts are stated in the opinion. A denial of the right to intervene in a proper case is error. Martin v. Thomson, 63 Cal. 1; Coburn v. Smart, Hearst, intervenor, 53 Cal. 742; Coffey v. Greenfield, 55 Cal. 382; Pomeroy’s R. & R., Secs. 411, 413 note, 426, 431; Code Civil Proc. Sec. 90. If the deed to Hodgdon was void Margaret Frazier was the legal owner of the land. Civil Code, Sec. 681; Chamberlain v. Taylor, 92 N. Y. 348;Hasbrouck v. Bunce, 62 N. jY 482. If Smith were unsuccessful she would be liable on her warranty of the land to…
1Opinion of the CourtPalmer, J.
This action was commenced by issuing the summons on the twenty-seventh day of September, 1882, and was brought by the plaintiff Artemas Gale to quiet his title to *199160 acres of land situate in the county of Minnehaha, territory of Dakota. The chain of title under which the plaintiff claims is as follows: Patent from the government to Margaret Frazier, July, 1864; power of attorney from Margaret Frazier to W. H. Grant, December 9, 1868; warranty from Margaret Frazier to W. H. Grant, attorney in fact, to L. E. Gale, wife of plaintiff Gale, October 12, 1870; a devise from said L. E. Gale (who…
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