Legal Opinion

Newton v. McGee

South Dakota Supreme Court

Decided March 11, 1913PublishedCited by 4 opinions

Appeal from 'Circuit Court, Hand County. Hon.' John F. Hughes, Judge. Action 'by' Mrs. C. P. 'Newton against J. A. McGee, to determine validity, of defendant’s tax deed; defendant interposing a counterclaim for improvements. From a judgment for plaintiff, defendant appeals.

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Appeal from 'Circuit Court, Hand County. Hon.' John F. Hughes, Judge. Action 'by' Mrs. C. P. 'Newton against J. A. McGee, to determine validity, of defendant’s tax deed; defendant interposing a counterclaim for improvements. From a judgment for plaintiff, defendant appeals. Chapter 127, page 194,. Session Paxys 1907, is merely an addition to section 112, 1903 Code, C. C. P. 887, expressly providing that such service can only be had when service may be made by publication, which, undoubtedly, must be made -to appear by record before hand. As to necessity to use and give Christian names of…

1Opinion of the Court

.GATES, J.

This action was brought by plaintiff, presumably under the provisions of section 675, C. C. P., to determine the adverse claims of defendant to certain real -estate in Hand county. The complaint alleges that plaintiff is the -owner and holder of a mortgage lien (describing it) upon the property, and that defendant wrongfully claims • an estate and interest in -said -real estate adverse to the plaintiff, and prays that her claim to -the premises be established against any claim of the defendant therein, and that the defendant be forever barred against having or claiming any right or…

2Cases cited10 opinions

  1. Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
  2. Landis Machine Co. v. Konantz Saddlery Co.North Dakota Supreme Court · 1908
  3. Dielmann v. Citizens' Nat. Bank of MadisonSouth Dakota Supreme Court · 1896
  4. Park v. RobinsonSouth Dakota Supreme Court · 1902
  5. Battelle v. WolvenSouth Dakota Supreme Court · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
  2. Parker v. NortonSouth Dakota Supreme Court · 1947
  3. City of Cut Bank v. Clapper Motor Co.Montana Supreme Court · 1947
  4. House v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1913

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