Southern Commission Co. v. Wier
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. RobijrT, B. Tripp, Judge. Action by the Southern Commission Company against John H. Wier, to recover for an alleged interest in land. From a judgment for defendant upon a directed' verdict, and from an order denying a new trial, plaintiff appeals. (1) Under, point one of the opinion, appellant cited: Code Civ.
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Appeal from Circuit Court, Turner County. Hon. RobijrT, B. Tripp, Judge. Action by the Southern Commission Company against John H. Wier, to recover for an alleged interest in land. From a judgment for defendant upon a directed' verdict, and from an order denying a new trial, plaintiff appeals. (1) Under, point one of the opinion, appellant cited: Code Civ. Pfoc., Sec. 150; Murphy v. Plankinton Bank, (S. D.) et al., 100 N. W. 614; Weatherer v. Herron, (S. D.) 132 N. W. 232; Ward v. Yorba, 45 Pac. 80 (Cal.). Respondent cited: Wolfinger v. Thomas (S. D.) 115 N. W. 100; Code Civ. Proc., Sec.…
1Opinion of the CourtGates, J.
One Coates, a resident of Wisconsin, held a mortgage upon the land in controversy, viz., a quarter section in Turner county. He died leaving a will which was probated in Wisconsin. The foreign will was admitted to probate in Yankton county, and the widow was appointed as administratrix with the will annexed. The mortgage was foreclosed and sheriff's deed issued to the widow as such administratrix. The widow and all of the heirs and devisees, except a son, Willie M. Coates, conveyed the Turner county land to defendant’s grantor in 1899. The. will provided that said son Willie was to' receive…
2Cases cited1 opinion
- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
3Cited by1 opinion
- Ward v. ReisdorfSouth Dakota Supreme Court · 1929