Legal Opinion

Fowler v. Will

South Dakota Supreme Court

Decided February 21, 1905PublishedCited by 5 opinions

Appeal from circuit court, Jerauld county; Hon. Frank B. Smith, Judge. Action by W. A. Fowler against H. P. Will and others. From the judgment, plaintiff and defendant H. P. Will appeal.

1Opinion of the Court

Fuller, J;. This action to determine conflicting claims to real property resulted in a judgment quieting title in the de*132fendant H. P. Will, subject to a lien for certain taxes in favor of plaintiff, and both parties have appealed., In the absence of a. brief or oral argument on the part of the defendant EL- P. Will, the only question is whether the trial- court erred in holding an unrecorded warranty deed valid and effectual as against a recorded quitclaim deed executed later by the same grantor, and which purports only to “remise, release, and quitclaim” his interest in the premises.…

2Cases cited11 opinions

  1. Johnson v. WilliamsSupreme Court of Kansas · 1887
  2. Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898
  3. Peters v. CartierMichigan Supreme Court · 1890
  4. Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
  5. Bayer v. CockerillSupreme Court of Kansas · 1865

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Farr v. SemmlerSouth Dakota Supreme Court · 1909
  2. People v. Ocean Shore Railroad Co.California Court of Appeal · 1949
  3. Schmidt v. MussonSouth Dakota Supreme Court · 1906
  4. Lusk v. City of YanktonSouth Dakota Supreme Court · 1918
  5. Shutz v. TidrickSouth Dakota Supreme Court · 1910

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