Bernardy v. Colonial & United States Mortgage Co.
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county; Hon. Julian Bennett, Judge. Action by William Bernardy against the Colonial & XJnite.d States Mortgage Company, Limited. From a judgment in favor of plaintiff, defendant appeals. A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. Subd. 2, section 3254, Compüed Laws.
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Appeal from circuit court, Kingsbury county; Hon. Julian Bennett, Judge. Action by William Bernardy against the Colonial & XJnite.d States Mortgage Company, Limited. From a judgment in favor of plaintiff, defendant appeals. A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. Subd. 2, section 3254, Compüed Laws. Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to…
1DissentFuller, J.
The facts omitted from the majority opinion as immaterial, and which I deem conclusive of the questions of law presented, are these: On the 9th day of December, 1882, Oliver L. Taylor, a pre-emptioner, obtained a receiver’s final receipt, which was duly recorded six days later, when he mortgaged the premises described therein for $894, and appellant became the assignee of such mortgage more than one year after the entry of the pre-emptioner and mortgagor had been canceled by proper authority at the General Land Office of the United States. Three and one-half years before the cancellation of…
2Cases cited13 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Rankin v. MillerSupreme Court of Iowa · 1876
- Buck v. FosterIndiana Supreme Court · 1897
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