Bennett v. Moore
South Dakota Supreme Court
Appeal from the circuit court, Hand county; Hon. Loring ■ E. Gaffy, Judge. Action by Mattie L. Bennett against James A. Moore. Prom a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtCorson, P. J.
This action involves the construction of section 55 of the Code of Civil Procedure, which reads as follows: “Whenever a person having a color of title, made in good faith, to vacant and unoccupied land, shall have paid all taxes legally assessed thereon for ten successive years, he shall be deemed and adjudged to be the legal owner of the said vacant and unoccupied land to the extent and according to the purport of his paper title. * * *”
The respondent claimed title to the property under a tax deed and the payment of taxes for ten successive years. His tax deed bears date of January 24, 1894,…
2Cases cited3 opinions
- Bride v. WattIllinois Supreme Court · 1860
- Harrell v. Enterprise Savings BankIllinois Supreme Court · 1899
- Smith v. PrallIllinois Supreme Court · 1890
3Cited by4 opinions
- Hohn v. BidwellSouth Dakota Supreme Court · 1911
- Jackson v. BaileySouth Dakota Supreme Court · 1905
- Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912
- Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912