Beck v. Elliott

MISER, C.

In the view that we take of this case, the following facts found by the trial court are all that need be stated. On April 5, 1920, Joseph Elliott, the then owner of record of the S. of a certain section 8 in Tripp county, S. D., delivered to Ella McHenry a warranty deed theretofore executed by himself and wife, for an agreed consideration therein stated of $30,400. At the time of the delivery of said deed by Joseph Elliott to Ella McHenry, and as part of the same transaction, Ella McHenry executed and delivered to Aaron Elliott, respondent herein, a brother of the said Joseph…