Harker v. Cowie
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Emma W. Harker, and ¡M. W. Harker as executor of the last will of Josepji Harker, deceased, against A.-E. Cowie and others, to vacate and cancel a judgment, and to quiet title to realty. From a judgment for plaintiffs, and from- an order denying a new tral, defendant - John W. Potter appeals. (1) To point one of the opinion, Respondents cited, re estoppel: Orthwein v. Thomas, xi Am.
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Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Emma W. Harker, and ¡M. W. Harker as executor of the last will of Josepji Harker, deceased, against A.-E. Cowie and others, to vacate and cancel a judgment, and to quiet title to realty. From a judgment for plaintiffs, and from- an order denying a new tral, defendant - John W. Potter appeals. (1) To point one of the opinion, Respondents cited, re estoppel: Orthwein v. Thomas, xi Am. St. 160. (2) To point two, Appellants cited: Bright v. Juhl, 16 S. D. 440; Sec. 568 Code Civ. Proc. 1903; Deering v. Tohnson,…
1Opinion of the CourtMcCOY, J.
This action was instituted to vaeate and cancel the judgment in the case of Cowie v. Barker, and also to quiet title in plaintiff to certain real estate. Findings and judgment were in favor of plaintiff, and defendants appeal. This cause has -been before this court on a former occasion. 38 S. D. 385, 161 N. W. 620.
From the record it appears that on the 16th day of April, 1888, one -Fees was then the owner of the real estate in question, and at that time executéd and delivered to the'Lombard Investment Company a mortgage upon said land to secure an indebtedness of $600; that thereafter on the…
2Cases cited10 opinions
- Dimond v. ManheimSupreme Court of Minnesota · 1895
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Farr v. SemmlerSouth Dakota Supreme Court · 1909
- Shelby v. BowdenSouth Dakota Supreme Court · 1903
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3Cited by3 opinions
- Agricultural Credit Corp. v. North DakotaNorth Dakota Supreme Court · 1945
- Kraft v. Carson CountySouth Dakota Supreme Court · 1946
- Packard v. Pierre Banking & Trust Co.South Dakota Supreme Court · 1920