Daugherty v. McFarland
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix Count)’. Hon. Robert B. Tripp, Judge. Action- by Kathleen 'Daugherty, against Samuel E. McFarland1 and another, to foreclose a mortgage given to secure performance of a contract for exchange of lands. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Charles Mix Count)’. Hon. Robert B. Tripp, Judge. Action- by Kathleen 'Daugherty, against Samuel E. McFarland1 and another, to foreclose a mortgage given to secure performance of a contract for exchange of lands. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (2) Under point two of the opinion, Appellants submitted that: The trust patent • executed to the Indian under the Act .of Congress -of February 8, 1887, under which the Indians were allotted lands, did -not convey .the title; and cited United States v. Rickert, 47 -L-…
1Opinion of the CourtGates, J.
Action to foreclose a mortgage given to secure performance of a contract for an exchange of lands. Findings, conclusions, and judgment were entered in favor of plaintiff mortgagee. Defendants appeal from the judgment and an order denying a new trial. The basis of the judgment is a conclusion of law to the effect that the abstract of title h> 80 acres of the land agreed to be conveyed by defendant Samuel F. McFarland to plaintiff did not show a marketable title. If that conclusion of law is sound, the judgment should! in the main be sustained. If it is. unsound, the judgment should be…
2Cases cited19 opinions
- United States v. RickertSupreme Court of the United States · 1903
- Hallowell v. CommonsSupreme Court of the United States · 1916
- United States v. NiceSupreme Court of the United States · 1916
- McKay v. KalytonSupreme Court of the United States · 1907
- United States v. WallerSupreme Court of the United States · 1917
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3Cited by6 opinions
- Jordan v. O'BrienSouth Dakota Supreme Court · 1945
- Egan v. McDonaldSupreme Court of the United States · 1918
- Bank of America v. ButterfieldSouth Dakota Supreme Court · 1958
- Horn v. Ne-Gon-Ah-E-QuainoeSupreme Court of Minnesota · 1923
- Highrock v. GavinSouth Dakota Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.