Barnhart v. Anderson
South Dakota Supreme Court
Appeal from Circuit Court, McCook County. Hon. Frank B. Smith, Judge. Action by Annie Barnhart against P. W. Anderson and another. From a judgment for plaintiff, defendants appeal. Re-delivering a grant of real property to the grantor or canceling it does not operate to re-transfer title. Rev. Civ. Code, sec. 926. Equity cannot be invoked to set aside the law or violate its express provisions. 5 Am. ■& Eng. Ency.
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Appeal from Circuit Court, McCook County. Hon. Frank B. Smith, Judge. Action by Annie Barnhart against P. W. Anderson and another. From a judgment for plaintiff, defendants appeal. Re-delivering a grant of real property to the grantor or canceling it does not operate to re-transfer title. Rev. Civ. Code, sec. 926. Equity cannot be invoked to set aside the law or violate its express provisions. 5 Am. ■& Eng. Ency. Eaw, page 326 (1st Ed.) Deceit cannot be'predicated upon the false statement of'what the law is, however false it may be, whether the deception- be by false representation or by the…
1Opinion of the CourtCorson, J.
This action was instituted' by the plaintiff to vacate and sat aside a certain deed executed by the defendant Anderson to the defendant Rema. Findings and judgment being in favor of the plaintiff, the defendants'have appealed.
It is alleged in; the complaint, in substance, that, on or about the 30th day of . April, 1903, the .plaintiff was the owner and in possession of a certain.lot in the city of Salem, upon which was situated a livery stable and certain personal property used in connection with the business of conducting the 'same; that on the said day the plaintiff entered into an…
2Cases cited10 opinions
- Tillman v. HellerTexas Supreme Court · 1890
- Weber v. RothchildOregon Supreme Court · 1887
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
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