Legal Opinion

Bliss v. Waterbury

South Dakota Supreme Court

Decided May 31, 1911PublishedCited by 10 opinions

Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by C. J. Bliss against W. E. Waterbury. From a judgment for-plaintiff, and from an order denying a new trial, defendant appeals.

1Opinion of the CourtHaney, J.

This action was tried before a referee who decided that the plaintiff is the owner and entitled to possession of the quarter section of land described in the complaint. Judgment having been according entered and a new trial refused, the defendant appealed.

[i] The land in controversy was formerly owned by E. S-Waterbury, who acquired title from the United States. Plaintiff’s claim of ownership'rests on a sheriff’s deed, resulting from an execution sale under a judgment against the patentee and a deed from S. A. Ramsey, the grantee in the sheriff’s deed. Defendant’s claim of ownership rests on…

2Cases cited2 opinions

  1. Betts v. LetcherSouth Dakota Supreme Court · 1890
  2. Baxter v. O'LearySouth Dakota Supreme Court · 1897

3Cited by10 opinions

  1. State v. MasseySupreme Court of Missouri · 1918
  2. Killian v. HubbardSouth Dakota Supreme Court · 1943
  3. Earnest v. First National BankNorth Dakota Supreme Court · 1927
  4. Commercial Service Corp. v. L. Paulle-Midway Fixture & Show Case Co.South Dakota Supreme Court · 1954
  5. Huffman v. CooleySouth Dakota Supreme Court · 1912

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