Misel v. Cottonwood Live Stock & Loan Co.

BURCH, C.

Plaintiff brought this action to quiet title to a quarter section of land in Jackson county, S. D. The complaint alleges that plaintiff is the owner in fee of the said tract; that it is his homestead; that the defendant claims, interest in the land by reason of a purported deed made by the plaintiff and his wife to the defendant; that the deed is without consideration; that it was never in fact executed and delivered by the plaintiff and his wife; that, if it contains the signature of plaintiff and wife, it was executed in blank and before a description of the land was inserted, and…