Phillis v. Gross
South Dakota Supreme Court
Appeal from Circuit Court, Potter County. Hon. J- H. Bottcm, Judge. Action by Elmina E. Phillis against Robert A. Gross, to quiet title; in which Oscar D. Bost intervened. From a decree for defendant and intervener, and from an order denying a new trial, plaintiff appeals. Possession of real estate is notice of the possessor’s title.
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Appeal from Circuit Court, Potter County. Hon. J- H. Bottcm, Judge. Action by Elmina E. Phillis against Robert A. Gross, to quiet title; in which Oscar D. Bost intervened. From a decree for defendant and intervener, and from an order denying a new trial, plaintiff appeals. Possession of real estate is notice of the possessor’s title. I3y reason of the open, notorious, unequivocal possession of Edgerton of' said land, the defendant Gross was charged with notice that Edgerton was the owner — equitable if not legal— of the land, or was chargeable with notice of all of the rights that Edgerton…
1Opinion of the CourtPgluey, J.
This is an appeal by the plaintiff from a decree for defendants and an order denying plaintiff’s motion for a new trial. The action was brought by plaintiff. for the purpose of having quieted in her the title to a quarter section of land in Potter county. On and for some time prior to the 17th day of March, 1898, one C. E. Chamblin, of Mason county, Ill., was the owner of the land, as patentee from the United States government. On said date he executed a “bond for deed” to1 one Stoughton P. Edgerton. This instrument was made out on a printed form, with blanks to be filled in to make it…
2Cases cited17 opinions
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Moyer v. . HinmanNew York Court of Appeals · 1855
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Corey v. SmalleyMichigan Supreme Court · 1895
- Durand v. PrestonSouth Dakota Supreme Court · 1910
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3Cited by26 opinions
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- Skoglund v. StaabSouth Dakota Supreme Court · 1981
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
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