Legal Opinion

Betts v. Letcher

South Dakota Supreme Court

Decided June 25, 1890PublishedCited by 38 opinions

Appeal from district court, Davison county. Hon Bartlett Tripp, Judge. Action for an accounting and to have a conveyance of real property declared void. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The defendant, Matilda S. Letcher, is an innocent grantee. Wade on Notice, § 290; Smith v. Yule, 31 Cal. 180. As she is an innocent grantee, plaintiff should not be allowed to assert his title against her.

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Appeal from district court, Davison county. Hon Bartlett Tripp, Judge. Action for an accounting and to have a conveyance of real property declared void. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The defendant, Matilda S. Letcher, is an innocent grantee. Wade on Notice, § 290; Smith v. Yule, 31 Cal. 180. As she is an innocent grantee, plaintiff should not be allowed to assert his title against her. Plaintiff is estopped from impeaching or contra-dieting Ms own deed. Wade on Notice, §299; VanKewanv. R. R. Co. 38 N. J. Law 167; Bloomer v. Henderson, 8 Mich.…

1Opinion of the CourtBennett, J.

On the 3d day of February, 1882, Orlando R. Betts, the plaintiff, and the defendant George E. Letcher, entered into an agreement looking to the establishment of a co-partnership for the sale of hardware at Mitchell, Dak. By the terms of the agreement, Betts agreed to convey to Letcher lot No. 12 in block No. 8, Mitchell, and Letcher was to build thereon a business house, upon the completion of which Letcher was to redeed to Betts half of the said lot upon the payment by Betts to him of one-half the cost price of said lot and the building so erected, and to take the promissory notes of said…

2Cases cited23 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Williamson v. . BrownNew York Court of Appeals · 1857
  3. Brown v. . VolkeningNew York Court of Appeals · 1876
  4. Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
  5. Grimstone v. CarterNew York Court of Chancery · 1831

18 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Hayes v. Northern Hills General HospitalSouth Dakota Supreme Court · 1999
  2. Dennis v. Northern Pacific Railway Co.Washington Supreme Court · 1898
  3. Phillis v. GrossSouth Dakota Supreme Court · 1913
  4. Ludowese v. AmidonSupreme Court of Minnesota · 1914
  5. Brady v. KreugerSouth Dakota Supreme Court · 1896

33 more not listed; retrieve them via the Exa API.

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