Tripp v. Sieler
South Dakota Supreme Court
Appeal ftfoim 'Circuit 'Court, Lyman County. Hon. William WilliamsoN, Judge. Action by Robert B. Tripp, .against Nicolaus Siele'r and other®, to set aside a land sale contract and to recover back purchase money payments. Tram a judgment 'for plaintiff, and. from an order denying a new trial, the named defendant appeals. (3) To point three of the opinion, Respondent cited: Civ.
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Appeal ftfoim 'Circuit 'Court, Lyman County. Hon. William WilliamsoN, Judge. Action by Robert B. Tripp, .against Nicolaus Siele'r and other®, to set aside a land sale contract and to recover back purchase money payments. Tram a judgment 'for plaintiff, and. from an order denying a new trial, the named defendant appeals. (3) To point three of the opinion, Respondent cited: Civ. Code, Secs. 971, 962. (5) To point five of the opinion, Respondent cited: Mays v. Blair, (Ark.) 179 S. W. 332; Sec. 2347, C. C.; Black H. N. B. v. Kellogg, 4 S. D. 312; Godfrey v. Bram, 27 id. 218, 130 N. W. 442 ;…
1Opinion of the CourtFolley, J.
This a'ction, grew out of a contract to purchase a quarter section of land in Todd county. The respondent, who brings the action for the purpose of setting aside the contract and recovering hack certain sums that have been paid on the purchase price, contends that the defendant is not able to furnish a merchantable title such ¡as is contemplated1 by the contract.
The land involved is an Indian allotment. The instrument evidencing the allottee’s title is designated as a “trust patent” and *325contains provisions and restrictions upon, alienation by the al-lottee similar to those found in a like…
2Cases cited9 opinions
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Ward v. . DeweyNew York Court of Appeals · 1858
- Lick v. RayCalifornia Supreme Court · 1872
- Jennings v. WoodCourt of Appeals for the Eighth Circuit · 1911
- Cummings v. DolanWashington Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dolan v. HudsonSouth Dakota Supreme Court · 1968
- Kroeplin Farms General Partnership v. Heartland Crop Insurance, Inc.Court of Appeals for the Eighth Circuit · 2005
- Daugherty v. McFarlandSouth Dakota Supreme Court · 1918
- Vangsness v. BovillSouth Dakota Supreme Court · 1931
- Oldham v. NelsonSouth Dakota Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.