Parszyk v. Mach
South Dakota Supreme Court
Appeal from circuit court, Yankton county; Hon. E. G-. Smith, Judge. Action to cancel a deed. Plaintiff had judgment by default. From an order opening the default and allowing defendant to answer, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
This equitable action to cancel a warranty deed, which it is alleged defendant, by undue influence, obtained from plaintiff while the latter, by reason of insanity, was incapable of transacting any business, resulted on the 23d day of January, 1897, in a default judgment based upon findings of fact and conclusions of law favorable to plaintiff. Thereafter a motion, returnable at 10 o’clock, a. m., February 6, 1897, was made by the defendant to vacate and set aside such findings of *557fact, conclusions of law, and judgment, for the following reasons: “(1) That the complaint in said action does…
2Cases cited10 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Lange v. DammierIndiana Supreme Court · 1889
- Nicholson v. HalseyNew York Court of Chancery · 1815
- Simonson v. BlakeNew York Supreme Court · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ackerman v. BurgardSouth Dakota Supreme Court · 1961
- Mach v. BlanchardSouth Dakota Supreme Court · 1902
- Boshart v. National Benefit Ass'nSouth Dakota Supreme Court · 1937
- Ackerman v. BurgardSouth Dakota Supreme Court · 1961
- Lee v. LuckasenNorth Dakota Supreme Court · 1925