Schmidt v. Scanlan
South Dakota Supreme Court
Appeal from Circuit Court, McCook County. Hon. Joseph W. JONES, Judge. Action by Philip W. Schmidt, by his guardian, Henry M. Schmidt, and others, against P. W. Scanlan and another, to quiet title to realty. From a judgment for defendant Scanlan, and from an order denying a new trial, plaintiffs appeal.
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Appeal from Circuit Court, McCook County. Hon. Joseph W. JONES, Judge. Action by Philip W. Schmidt, by his guardian, Henry M. Schmidt, and others, against P. W. Scanlan and another, to quiet title to realty. From a judgment for defendant Scanlan, and from an order denying a new trial, plaintiffs appeal. Every element essential to the existence or creation of a resulting trust in any given case must be clearly shown, an h i-v order to establish a resulting trust by parol evidence, the proo£ must be clear, definite, unequivocal, and convincing.. Sing You v-Wong Free Fee, 16 S. D. 388; Kjolseth…
1Opinion of the CourtWhitin'G, P. J.
One Maggie G. Schmidt, a resident of Salem, *S. D., died while holding the record title to certain lots situate in such city. She left three children, her sole heirs. This acton was brought by two of these children, as such heirs, and by one of these two, as administrator of the estate of deceased, against the defendant Scanlan, to quiet title in and to the said lots. The sister was joined as defendant — she refusing to unite as plaintiff- — she made no appearance herein.- The defendant Scanlan answered, admitting that he claimed an interest in ■said lots, and alleged, ,by way of…
2Cases cited3 opinions
- Squier v. MitchellSouth Dakota Supreme Court · 1913
- Kjolseth v. KjoesethSouth Dakota Supreme Court · 1911
- Sing You v. Wong Free LeeSouth Dakota Supreme Court · 1902
3Cited by5 opinions
- Kehl v. Omaha National BankNebraska Supreme Court · 1934
- Jones v. JonesSouth Dakota Supreme Court · 1940
- Sneider v. Big Horn Milling Co.Wyoming Supreme Court · 1921
- Hipple v. StrohbehnSouth Dakota Supreme Court · 1921
- Catlett v. StokesSouth Dakota Supreme Court · 1914