Prentice v. Coughran
South Dakota Supreme Court
Appeal- from -Circuit Court, Minnehaha County. Hon. JosEm W. Jones, Judge. Aotion by EUa G. Prentice, by R. E. Pettigrew, her guardian ad litem., against W. E. Coughran and others, to recover possession of and- -to quiet title to realty. From- a judgment for plaintiffs, the defendant Girton-Adams Ice Company appeals. Appellant cited: Civ.
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Appeal- from -Circuit Court, Minnehaha County. Hon. JosEm W. Jones, Judge. Aotion by EUa G. Prentice, by R. E. Pettigrew, her guardian ad litem., against W. E. Coughran and others, to recover possession of and- -to quiet title to realty. From- a judgment for plaintiffs, the defendant Girton-Adams Ice Company appeals. Appellant cited: Civ. Code, Seos. 2379, 2380, 2381, 2386. Appellant submitted that: The provisions of our statute in regard to filing inventory, affidavit and bond, are mandatory; and 'cited: Farmer v. Cobban, 4 Dakota, 425; Landouer v. Conklin, 3 S. D. 472; Jui-iand v. Rathbone,…
1Opinion of the CourtWhiting, J.
The trial court held respondent to be the owner of six certain lots situate in this state. Respondent’s only source of title was as follows: In the year 1893 one P., the then owner of these lots, executed - and delivered, in the state of Illinois, a voluntary deed of assignment purporting- to assign, to the assignees therein named, all the grantor’s property of every kind) and nature for the benefit of tire grantor's creditors. This deed was thereafter filed for record in the county wherein the *193above-mentioned lots are situate. No' bond or inventory was evér filed witib said assignment in…
2Cases cited15 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Mackellar v. PillsburySupreme Court of Minnesota · 1892
- Forbes v. ScannellCalifornia Supreme Court · 1859
- Bristol Savings Bank v. JuddSupreme Court of Iowa · 1902
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