Farm & Colonization Co. v. Meloy
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. Loring E. Gaffy, Judge. Action by the Farm & Colonization Company, Limited, against James H. Meloy, Sarah A. Meloy, T. W. Child and Spink county to determine conflicting claims to 'real property. There was a judgment for defendant T. W. Child, and plaintiff appeals.
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Appeal from circuit court, Spink county. Hon. Loring E. Gaffy, Judge. Action by the Farm & Colonization Company, Limited, against James H. Meloy, Sarah A. Meloy, T. W. Child and Spink county to determine conflicting claims to 'real property. There was a judgment for defendant T. W. Child, and plaintiff appeals. The facts are stated in the opinion, The plaintiff was entitled to be subrogated to the rights of the original mortgage and having obtained title under the foreclosure of his mortgage the defendant Child has no further interest in the property. Kelschauer v. Upton, 6 Dak.,- 449; Baker…
1Opinion of the CourtCorson, P. J.
This was an action, brought under Section 5449, Comp. Laws, to determine adverse claims. Judgmentfor defendant T. W. Child, and the plaintiff appealed.
The plaintiff alleged in its complaint that it was the owner of a certain quarter section of land in Spink county, and that defendants claimed some lien upon or interest in the same, and demanded judgment that such adverse claim be determined, and that the plaintiff be adjudged to be the owner of said property in fee, free and clear of all.claims of the' said defendants. The defendant T. W. Child answered — the other defendants not appearing in…
2Cases cited2 opinions
- Long v. LongSupreme Court of Missouri · 1892
- Kalscheuer v. UptonSupreme Court Of The Territory Of Dakota · 1889