Probert v. McDonald
South Dakota Supreme Court
Appeal from circuit court, Jerauld county. Hon. D. Haney, Judge. Action to enjoin sale of real estate. Judgment for defend- ant. Plaintiff appeals. The facts are stated in the opinion. An answer is not to be treated as a cross-bill or creditor’s bill. Lawrence v. Bank, 35 N. Y. 320. In .charging fraud, specific facts must be alleged showing in what the fraud consists.
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Appeal from circuit court, Jerauld county. Hon. D. Haney, Judge. Action to enjoin sale of real estate. Judgment for defend- ant. Plaintiff appeals. The facts are stated in the opinion. An answer is not to be treated as a cross-bill or creditor’s bill. Lawrence v. Bank, 35 N. Y. 320. In .charging fraud, specific facts must be alleged showing in what the fraud consists. Bliss Code PI. 211-389; Kerr Fraud & Mis. 365; Hysham v. Dunn, 5 Ark. 395; Bell v. Lamphrey, 52 N. H. 46: Darnell v. Rowland, 36 Ind. 346,; Kent v. Snyder, 30 Cal. 666; Hopkins v. Woodward, 75 111. 62; Pendleton v. Calloway, 9…
1Opinion of the CourtKellam, P. J.
In this case the following facts seem to be undisputed: On and before September 12, 1889, one E. B. Orr was the owner of a lot in Wessington Springs, S. D. On that day he conveyed the same by warranty deed to appellant, the consideration named in the deed being $550. Prior to this, and on the 20th day of August, one Woodburn had sued out a warrant of attachment in an action against Orr, and had levied it upon this, lot and livery barn thereon. On the 12th day of September the attachment was dissolved, and thereafter, on the same day, Orr deeded the property as above stated, to appellant,…
2Cases cited9 opinions
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Barnes v. DowSupreme Court of Vermont · 1887
- Pool v. DockerIllinois Supreme Court · 1879
- McDaniel v. LeeSupreme Court of Missouri · 1866
- Frost v. RosecransSupreme Court of Iowa · 1885
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3Cited by3 opinions
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- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
- Rossiter v. BoleySouth Dakota Supreme Court · 1900