Cain v. Ehrler
South Dakota Supreme Court
-'Appeal from Circuit Court, Hand County. Hon. John F. Hughes, Judge. Action by James -Cain against Wilhelmina Ehrler and another, as heirs of Gustave Lehmann, deceased, to quiet title. From a judgment for plaintiff, and from' an order denying a new trial, defendants appeal.
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-'Appeal from Circuit Court, Hand County. Hon. John F. Hughes, Judge. Action by James -Cain against Wilhelmina Ehrler and another, as heirs of Gustave Lehmann, deceased, to quiet title. From a judgment for plaintiff, and from' an order denying a new trial, defendants appeal. As to the three year limit' — It is not sufficient that a deed be fair on its face. 1903 Code C. .P. 399, Sec. 2214; Bandow v. A’Volven, 23 S. D. 124. Jurisdictional defects in the assessment roll as to description of land, defeat title under 3 year limit although deed regular-on face. ■ Jackson, v. Bailey, 19 S. D. 594;…
1Opinion of the CourtPolley, J.
Action to quiet title: On the 15th day of January, 1890, one Gustave Lehmann died seized in fee of the quarter section of land in Hand county, which is the subject of this action. He left surviving him, as his sole heirs-at-law, his widow — who remarried and is now Wilhelmina Ehrler, and a daughter, Alma Lehmann- — -who was born on the 25th day of July, 1889. Said heirs are the-defendants in this action, and were the owners in fee of the disputed premises at the time of the delinquent tax sale, in 1890.
The taxes on said land for the year 1889 were not paid, and, at the delinquent tax sale in…
2Cases cited32 opinions
- Moore v. BrownSupreme Court of the United States · 1851
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- McDonald v. McCoyCalifornia Supreme Court · 1898
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Ellsworth v. Low, Adams & FrenchSupreme Court of Iowa · 1883
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3Cited by20 opinions
- McGrail v. FieldsNew Mexico Supreme Court · 1949
- Cain v. EhrlerSouth Dakota Supreme Court · 1915
- Small v. HullMontana Supreme Court · 1934
- Biberdorf v. JuhnkeNorth Dakota Supreme Court · 1929
- Bowen v. OlsonUtah Supreme Court · 1954
15 more not listed; retrieve them via the Exa API.