Battelle v. Wolven
South Dakota Supreme Court
Appeal from circuit court, Hand county; Hon. Loiiing'E.-Gappy, Judge. • . Action by Charles Battelle against John W. Wolven. ■ From a judgment dismissing the action, plaintiff appeals.
1Opinion of the CourtCorson, P. J.
The only question presented in this case is as to whether or not the owner of a note secured by a trust deed has such an interest in real property as will entitle him to maintain an action to quiet title to the same as against parties claiming title adverse to the trust deed. The plaintiff, as the owner of such note so secured by trust deed, alleges in his ' complaint the execution of such note and trust deed, the transfer of the same to himself by assignment, and that the defendant unlawfully claims some interest in the property adverse to such trust deed. The defendant demurred to the…
2Cases cited4 opinions
- Tuffree v. PolhemusCalifornia Supreme Court · 1895
- Clark v. DarlingtonSouth Dakota Supreme Court · 1895
- Pierce v. FelterCalifornia Supreme Court · 1878
- Stoddart v. BurgeCalifornia Supreme Court · 1879
3Cited by4 opinions
- Newton v. McGeeSouth Dakota Supreme Court · 1913
- Johansen Brothers Shoe Co. v. BennettSupreme Court of Oklahoma · 1935
- Rhomberg v. BenderSouth Dakota Supreme Court · 1912
- City of Cut Bank v. Clapper Motor Co.Montana Supreme Court · 1947