Whitford v. Dodson
South Dakota Supreme Court
'Appeal from Circuit Court, Tripp -Count)’. Hon. Wxluiam Wtuuiamso.n, Judge. Action by Josephine Du-Bray Wihitford, and 'Charles Whit-ford, against G. A. Dodson and T. F. Stevens, to cancel a deed to realty. From' a judgment for plaintiffs, and from an order denying a new trial, defendant Stevens appeals. (2) To point -two, Appellants cited Pomeroy’s Eq. Jur.
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'Appeal from Circuit Court, Tripp -Count)’. Hon. Wxluiam Wtuuiamso.n, Judge. Action by Josephine Du-Bray Wihitford, and 'Charles Whit-ford, against G. A. Dodson and T. F. Stevens, to cancel a deed to realty. From' a judgment for plaintiffs, and from an order denying a new trial, defendant Stevens appeals. (2) To point -two, Appellants cited Pomeroy’s Eq. Jur. Secs. 614-1'5, and cases cited; Betts v. Letcher, 1 S. D. 182. Respondent cited: Hingeten v. Thackery, et al., 23 S. D. 329. (3) To point three, Appellant cited.: Bank v. Sperling, 1x3 111. 273, and cases cited; 39 Cyc. p. 1753; Krause…
1Opinion of the CourtPolley, P. J.
This is an action brought to cancel a deed to a quarter section of land in Tripp county. The plaintiffs, Charles Whitford and Josephine Whitford, are husband and wife. Josephine Whitford is a member of the Rosebud Band of Sioux Indians, and the land in question had been allotted to her and patent issued by the United States government under the General Allotment Act (24 Stat. 388.) Whether she had ever attended school does not appear from the record, but it does appear from her testimony that her use and understanding of the English, language is very limited. Charles Whitford appears to have…
2Cases cited8 opinions
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Pell v. McElroyCalifornia Supreme Court · 1868
- Adams v. WhiteSupreme Court of Oklahoma · 1913
- Koon v. TramelSupreme Court of Iowa · 1887
- Hass v. GreggSupreme Court of Oklahoma · 1915
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3Cited by3 opinions
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
- Vanderwerf v. KirwanSouth Dakota Supreme Court · 1998
- Butte County v. GaverSouth Dakota Supreme Court · 1951