Ward v. Brown
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jonjís, Judge. Action by E. C. Ward and another against R. F. Brown. From an order overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtWhiting, J.
In this action plaintiffs sought three things: A decree quieting title against any claim of defendant in and to the real property in question; a writ of possession to secure possession of such property; and a judgment for the value of the use and occupation of said premises. The three causes-of action were not separately set forth in the complaint. The complaint was the short form provided for in chapter 8i, Laws 1905; it contained an allegation to the effect that defendant had been in the wrongful possession of the property since a date named, and that demand in writing had been made for…
2Cited by2 opinions
- Newton v. McGeeSouth Dakota Supreme Court · 1913
- Nelson v. StadelSouth Dakota Supreme Court · 1954