Reichelt v. Perry
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. HoN. Joseph W.. Jones, Judge. Action by Benedict Reichelt and another against George H. Perry and another. From a judgment for defendants, plaintiffs appeal. The issues raised by the defendants’ counterclaim and reply thereto, were one of law and not of chancery, and under the constitution and laws of this state the court had no power to ignore the verdict of the jury and treat this branch of the cause as one in chancery.
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Appeal from circuit court, Minnehaha county. HoN. Joseph W.. Jones, Judge. Action by Benedict Reichelt and another against George H. Perry and another. From a judgment for defendants, plaintiffs appeal. The issues raised by the defendants’ counterclaim and reply thereto, were one of law and not of chancery, and under the constitution and laws of this state the court had no power to ignore the verdict of the jury and treat this branch of the cause as one in chancery. Powers v. Bouch, 54 N. W. 404; Jopes v. Peck, 19 Wis. 84; Eastman v. Lynn, 20 Minn. 433; Comp. Laws, §§ 4830, 4915, 5032, 5088;…
1Opinion of the CourtFuller, J.
While the pleadings are not before us, it is quite apparent that plaintiffs, claiming to be the owenrs in actual possession of an alleged homestead containing 160 acres, brought this action to quiet title thereto by the determination of adverse claims and the removal of certain clouds, consisting in part of a sheriff’s deed resulting from an irregular foreclosure of a mortgage, and a quitclaim deed thereafter executed by themselves to the defendant Perry, which deed, they aver in the way of reply to the answer and counterclaim, was obtained by fraud. Although the single question as to whether…
2Cases cited6 opinions
- Moran v. MoranMichigan Supreme Court · 1895
- Goodrum v. AyersSupreme Court of Arkansas · 1892
- Hosleton v. DickinsonSupreme Court of Iowa · 1879
- Ormsby v. BarrMichigan Supreme Court · 1870
- Poston v. BalchSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peters v. LohrSouth Dakota Supreme Court · 1910
- Burleigh v. HechtSouth Dakota Supreme Court · 1908
- Company A, First Regiment National Guard Training School v. StateNorth Dakota Supreme Court · 1929
- Jester v. JesterNorth Dakota Supreme Court · 1949
- South Dakota Wheat Growers Ass'n v. SielerSouth Dakota Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.