Wallace v. Dunton
South Dakota Supreme Court
Appeal from Circuit Court; Day 'County. HoN. J. H. Bo.T-tum, Judge. Action by Diana E. Wallace against George C. Dunton, as administrator, etc., of Edward C. Wallace, deceased, and others, to determine adverse claims to land. From a judgment for defendants, on a trial to the court, plaintiff-appeals.
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Appeal from Circuit Court; Day 'County. HoN. J. H. Bo.T-tum, Judge. Action by Diana E. Wallace against George C. Dunton, as administrator, etc., of Edward C. Wallace, deceased, and others, to determine adverse claims to land. From a judgment for defendants, on a trial to the court, plaintiff-appeals. If Samuel C. Wallace in fact paid the purchase price for the land at the time he purchased it in 1887, and took the title in the name of Edward C. Wallace, then the equitable title was in Samuel C. Wallace pursuant to the provisions of section. 303 of the Civil Code. The reasons which lead…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Day county. On May 17, 1887, Richard PI. Smith and wife conveyed to Edward C- Wallace a quarter section of land in Day county, less a tract of about 10 acres previously conveyed for cemetery purposes, and less another tract of about 22 acres-, previously transferred to the *611Day County Agricultural Association. The sale and purchase on the part of Edward C. Wallace was transacted by Samuel C. Wallace, his brother. Samuel C. Wallace paid over the purchase price, and from the time of the delivery of the deed to the time of his death, in 1902, rented the land to…
2Cases cited14 opinions
- Lehman v. LewisSupreme Court of Alabama · 1878
- Keuper v. Unknown Heirs of MetteIllinois Supreme Court · 1909
- Webb v. WebbSupreme Court of Iowa · 1905
- Veeder v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1901
- Summers v. . MooreSupreme Court of North Carolina · 1893
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3Cited by3 opinions
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- Broadhurst v. American Colloid CompanySouth Dakota Supreme Court · 1970
- Kary v. KarySouth Dakota Supreme Court · 1982