Baxter v. O'Leary
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plow-man, Judge. Action to recover possession of a certain mining claim. The court directed a verdict for defendants, and from a judgment entered thereon plaintiffs appeal. The facts are stated in the opinion. The sheriff’s deed was competent evidence and should not have been excluded.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A. J. Plow-man, Judge. Action to recover possession of a certain mining claim. The court directed a verdict for defendants, and from a judgment entered thereon plaintiffs appeal. The facts are stated in the opinion. The sheriff’s deed was competent evidence and should not have been excluded. Bowan v. Cockrill, 6 Kans. 311; Shields v. Miller, 9 Id. 390; Conner v. Long, 19 N. W. 221; Harteaux v. Eastman, 6 Wis. 404; Eastman v. Harteaux,. 12 Id. 296. Whenever a statute requires the sale to be reported to and approved by the court, a conveyance…
1Opinion of the CourtHaney, J.
• This is an action to recover possession of a mining claim. Plaintiffs allege that the claim was located as the Snowstorm lode by Joseph Wilder, in 1877; that he conveyed it by deed to William Bull; that Bull conveyed it by deed'to the Milwaukee & Black Hills Mining Company in 1879; that on April 13, 1886, it was sold on execution to Lee R. Baxter, judgment plaintiff in an action at law, to whom a sheriff’s deed was issued November 13, 1890; that on April 13, 1886, Baxter entered into a contract with Charles F. Thompson, whereby he sold the claim to.him for $568.43, which consideration was…
2Cases cited5 opinions
- Kœhler v. BallSupreme Court of Kansas · 1863
- Paine v. SpratleySupreme Court of Kansas · 1870
- Receivers of the Bank of Circleville v. RenickOhio Supreme Court · 1846
- Ferguson v. TuttSupreme Court of Kansas · 1871
- Lessee of Curtis v. NortonOhio Supreme Court · 1824
3Cited by6 opinions
- Bliss v. WaterburySouth Dakota Supreme Court · 1911
- Murphy v. ConnollySouth Dakota Supreme Court · 1966
- Finch, Van Slyck, McConville v. JacksonNorth Dakota Supreme Court · 1928
- Crouch v. Dakota, W. & M. R. R.South Dakota Supreme Court · 1904
- Edmonds v. RileySouth Dakota Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.