Trumbauer v. Rust
South Dakota Supreme Court
Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by Emma Josephine Trumbauer and others, against Wallace Rust,, to cancel an alleged deed of conveyance of land, and to establish, title in .plaintiffs, From a' judgment.'for defepd-r áñt, plaintiffs appeal. (i) To point one of the opinion, Appellant cited: McGarigle V. Orphan Asylum, .145 Cal. 693, i.L.
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Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by Emma Josephine Trumbauer and others, against Wallace Rust,, to cancel an alleged deed of conveyance of land, and to establish, title in .plaintiffs, From a' judgment.'for defepd-r áñt, plaintiffs appeal. (i) To point one of the opinion, Appellant cited: McGarigle V. Orphan Asylum, .145 Cal. 693, i.L. R. A.' (,N. S.) 315; Donald v. Nesbet, 89 Ga. 290, 15 S'. F. .376; Spérber v. Balster, .66 Ga, 317;' Reel v. FCazelton, 37 Kan. 321, 15 Pa. 177; Pinkham v. Pinkham, 55 Neb...729, 76 N. W. 441; Carleton v. Cameron, 54…
1Opinion of the CourtWhitinig, J.
The only question before us upon this appeal is the sufficiency of’ the facts — both those admitted by the pleadings and those found 'by the trial court — to sustain the judgment of such, court. Such facts are as follows: On Augixst 4, 1908, a purported deed to certain land was executed and acknowledged by the owner and his wife. The grantee therein was the son of the makers of such writing. The writing was left with *304.the party who took the acknowledgment, under instructions to such party that he deliver the same to the grantee; and he did deliver it to such grantee prior to the death' of…
2Cases cited18 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Wilson v. CarricoIndiana Supreme Court · 1895
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
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3Cited by20 opinions
- Spitzer v. SpitzerSouth Dakota Supreme Court · 1969
- Famous Brands, Inc. v. David Sherman CorporationCourt of Appeals for the Eighth Circuit · 1987
- Kuhfeld v. KuhfeldSouth Dakota Supreme Court · 1980
- Stalting v. StaltingSouth Dakota Supreme Court · 1927
- McGillivray v. WipfSouth Dakota Supreme Court · 1936
15 more not listed; retrieve them via the Exa API.