Fernyhough v. Rockwell
South Dakota Supreme Court
Appeal' from 'Circuit Court, Minnehaha • County. Hon. Joseph W. Jones, Judge. Action by J.' H. Ferny'hough against F: W. Rockwell, to quiet title. From a judgment for plaintiff, defendant appeals. The only purpose of recording an instrument is that a purchaser may not be prejudiced’ by such’ failure.
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Appeal' from 'Circuit Court, Minnehaha • County. Hon. Joseph W. Jones, Judge. Action by J.' H. Ferny'hough against F: W. Rockwell, to quiet title. From a judgment for plaintiff, defendant appeals. The only purpose of recording an instrument is that a purchaser may not be prejudiced’ by such’ failure. When Mr. Fernyhough purchased this- property he 'had full notice of the issuance of the tax certificate and the payment of all subsequent taxes by this defendant assignor, W. C. Hollister. These were matters of record in the auditor’s office. The issuance of the deed was a matter of record in the…
1Opinion of the CourtGates, J.
-Respondent purchased certain l’o-ts ..in the year 1907, obtaining a warranty deed therefor, .for value, (from the fee owner. Appellant is the' holder, of a tax deed of said lots, issued in 1897, upon a sale for the taxes of 1892, which deed was not recorded until 1911. At -the -time of 'his- purchase respondent bad no actual knowledge of the outstanding tax deed, nor of the sale upon which the deed was based. The tax receipts for several years -prior and subsequent thereto did, not indicate ■that there had been a sale of -the lots for taxes, nor did the -duplicate tax lists so indicate. Pol.…
2Cases cited7 opinions
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- King v. LaneSouth Dakota Supreme Court · 1906
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- Maddox v. ArthurSupreme Court of Georgia · 1905
- Ives v. LynnSupreme Court of Connecticut · 1829
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