Van Doren v. Miller
South Dakota Supreme Court
Appeal from circuit court, Rake county, Hon. Joseph W. Jones, Judge. Action by El dora A. VanDoren against E. R. Miller and others. Judgment for plaintiff. Defendants Charles Miller and G. R. Rowe appeal. The facts are stated in the opinion.
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Appeal from circuit court, Rake county, Hon. Joseph W. Jones, Judge. Action by El dora A. VanDoren against E. R. Miller and others. Judgment for plaintiff. Defendants Charles Miller and G. R. Rowe appeal. The facts are stated in the opinion. When the patentee of land as a government homesteader conveys it, on its subsequent re-conveyance to him, by his said grantee, the land is divested of its homestead qualities and is liable in his hands for debts contracted prior to the issuance of the patent. De-Rany v. Knapp, 43 Pac. 598; Herbery v. Mayer, 8 So. Rep. 590. A homesteader can convey and…
1Opinion of the CourtCorson, J.
This is an action to quiet title to a portion of a quarter section of land in Dake county. Findings and judgment were for the plaintiff, and the defendants appeal. The plaintiff deraigns title through one Thomas H. VanDoren, who made a homestead entry upon the quarter section in 1876, and received a government patent therefor in 1893. The defendant claims title under a judgment in an action in which E. R. Miller was plaintiff and Thomas H. and Isaac N. VanDoren were defendants, docketed in Dake county in August, 1887, and the deed issued thereon in March, 1898. In 1880 Thomas H. VanDoren…
2Cases cited4 opinions
- Brandhoefer v. BainNebraska Supreme Court · 1895
- Seymour v. SandersU.S. Circuit Court for the District of Minnesota · 1874
- Duell v. PotterNebraska Supreme Court · 1897
- DeLany v. KnappCalifornia Supreme Court · 1896
3Cited by9 opinions
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- Adams v. ChurchOregon Supreme Court · 1902
- In Re JohnsonUnited States Bankruptcy Court, D. South Dakota · 1986
- Heran v. ElmoreSouth Dakota Supreme Court · 1916
- McCorkell v. HerronSupreme Court of Iowa · 1905
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