McKinnon v. Fuller
South Dakota Supreme Court
Appeal f-rom Circuit Court, Potter County. Hon. Joseph H. Bottum, Judge. Action -by Archie D. McKinnon, administrator of Allen LMcKinnon, deceased, against George W. Fuller and another, to quiet title. From a judgment for plaintiff, and from an order denying a new -trial, defendants appeal. The court erred in making any finding of fact or conclusion of law to the -effect that the scavenger tax judgment was invalid.
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Appeal f-rom Circuit Court, Potter County. Hon. Joseph H. Bottum, Judge. Action -by Archie D. McKinnon, administrator of Allen LMcKinnon, deceased, against George W. Fuller and another, to quiet title. From a judgment for plaintiff, and from an order denying a new -trial, defendants appeal. The court erred in making any finding of fact or conclusion of law to the -effect that the scavenger tax judgment was invalid. The judgment and sale must be treated as valid, because this action was not begun until about nine years after the date of the sale. Section 18, Chapter 51 of Laws of 1901; Section…
1Opinion of the CourtSmith, P. J.
One Allen L. McKinnon, during his lifetime and until -his death, was the owner in fee, of a quarter section of land, in Potter county. In the month of October, 1893, he died intestate, in the state of Washington, leaving the quarter section of land -in Potter county, as a part of his estate. On the 22nd of October, 1910, Archie D. McKinnon, plaintiff, was appointed administrator of the estate of the deceased, by the county court of Potter county, and brings this action as such administrator. At the time this action to quiet title was brought, the plaintiff and one J. C. McKinnon, his brother,…
2Cases cited16 opinions
- Bandow v. WolvenSouth Dakota Supreme Court · 1906
- Moran v. ThomasSouth Dakota Supreme Court · 1905
- Alger, Smith & Co. v. Duluth-Superior Traction Co.Supreme Court of Minnesota · 1904
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- Salmer v. LathropSouth Dakota Supreme Court · 1897
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3Cited by9 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1915
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- Hipple v. StrohbehnSouth Dakota Supreme Court · 1921
- Keyser v. BrownIndiana Court of Appeals · 1921
- Farmers State Bank of Riverton v. Investors Guaranty Corp.Wyoming Supreme Court · 1935
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