McPherson v. Swift
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. Lkvi McGjJB, Judge. Action by Donald A. 'McPherson against Joseph Swift and another. Judgment for defendants, and plaintiff appeals. Where lands llave been purchased under an agreement that they ¡should be paid for by one party and 'title taken in his name, the transaction is a partnership. Hymen v. Peters, 30 Ill. App. Rep. 134; Pennypacker v. -Leary, 21 N. W. Rep. 575; Hayes rv.
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Appeal from Circuit Court, Lawrence County. Hon. Lkvi McGjJB, Judge. Action by Donald A. 'McPherson against Joseph Swift and another. Judgment for defendants, and plaintiff appeals. Where lands llave been purchased under an agreement that they ¡should be paid for by one party and 'title taken in his name, the transaction is a partnership. Hymen v. Peters, 30 Ill. App. Rep. 134; Pennypacker v. -Leary, 21 N. W. Rep. 575; Hayes rv. Vogle, 14 Daly 486. Our statute contemplates a partnership in real property. Comp. Laws, Sec. 4035, 4027, 2693. It is sufficient to create the partnership relation…
1Opinion of the CourtHaney, P. J.
This is an action -Wherein the plaintiff demands -that he be-adjudged to be the’owner of an undivided- dn-e-half interest in certain real .property situate in EawhertCe county-; that-his title thereto be quieted and confirmed; that an accounting be had; that he have judgment against’-deféndant Swift for ■■ whatever isum shall be -found due; that 'the property-be partitioned-; that'defendant Coe be restrained from'ipaying refits >-and profits to defendant'iS-wift pending the litigation,; and that -he have such other and further relief-as-may be jtist-and equitable. He alleges in his -complaint…
2Cases cited8 opinions
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Brady v. KreugerSouth Dakota Supreme Court · 1896
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Selbie v. GrahamSouth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bahr v. BahrSouth Dakota Supreme Court · 1970
- Ellens v. LindSouth Dakota Supreme Court · 1937
- Hardman v. LasellSouth Dakota Supreme Court · 1929
- Johnson v. FetterCourt of Appeals of Kentucky (pre-1976) · 1928
- Boettcher Oil & Gas Co. v. WestmolandSupreme Court of Oklahoma · 1941
14 more not listed; retrieve them via the Exa API.