Cassidy v. Holland
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. GeorgB H. Marquis, Judge. Action by Thomas Cassidy and others against Mary Holland. Judgment for defendant, and plaintiffs appeal. Section 923 of the Civil Code provides that “a grant duly executed is presumed to have been delivered at its date.” A deed will 'be held to have been delivered where it was duly acknowledged, in the absence of evidence to the contrary.
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Appeal from Circuit Court, Brookings County. Hon. GeorgB H. Marquis, Judge. Action by Thomas Cassidy and others against Mary Holland. Judgment for defendant, and plaintiffs appeal. Section 923 of the Civil Code provides that “a grant duly executed is presumed to have been delivered at its date.” A deed will 'be held to have been delivered where it was duly acknowledged, in the absence of evidence to the contrary. St. Louis v. Wiggen Ferry Co., 88 Mo. 469; Van Renseller v. Secor, 32 Barb. 469; Rumsev v. Otis, 34 S. W. 331 (Mo.) ; Brown v. Monroe, 11 Ky. Law Rep. 324. The paper need not be…
1Opinion of the CourtMcCOY, J.
This was an action to quiet title tO' an undivided one-third interest in and to certain town lots situated in Elkton, Brookings county. Originally the lots in question were the property of one Mary Cassidy, who died intestate, in January, 1902. On the distribution of her estate, on July 18, 1904, an undivided one-third of said lots was assigned to her husband, John Cassidy. *289The .plaintiffs claim title to said lots as the 'heirs at law of said John Cassidy, who died intestate in October, 1907. The defendant claims -title to s.aid lots adversely to- -plaintiffs under a quitclaim deed dated May…
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