Betts v. Letcher
South Dakota Supreme Court
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…
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