Prentice v. Coughran
South Dakota Supreme Court
Appeal- from -Circuit Court, Minnehaha County. Hon. JosEm W. Jones, Judge. Aotion by EUa G. Prentice, by R. E. Pettigrew, her guardian ad litem., against W. E. Coughran and others, to recover possession of and- -to quiet title to realty. From- a judgment for plaintiffs, the defendant Girton-Adams Ice Company appeals. Appellant cited: Civ.
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Appeal- from -Circuit Court, Minnehaha County. Hon. JosEm W. Jones, Judge. Aotion by EUa G. Prentice, by R. E. Pettigrew, her guardian ad litem., against W. E. Coughran and others, to recover possession of and- -to quiet title to realty. From- a judgment for plaintiffs, the defendant Girton-Adams Ice Company appeals. Appellant cited: Civ. Code, Seos. 2379, 2380, 2381, 2386. Appellant submitted that: The provisions of our statute in regard to filing inventory, affidavit and bond, are mandatory; and 'cited: Farmer v. Cobban, 4 Dakota, 425; Landouer v. Conklin, 3 S. D. 472; Jui-iand v. Rathbone,…
1ConcurrenceMcCOY, J.
I am of the view that the assignment laws of this state have no application to assignments made in other states, that the laws of this state relate solely to assignments made in this state. Statutory assignments have no: extraterritorial effect on the title of real estate outside the state where made. Adams v. Hartzell, 18 N. D. 221, 119 N. W. 635. I concur on the ground that the assignee under a common-law assignment could transfer to .plaintiff sufficient title to maintain this action, but am> not willing to construe the effect of the .assignment laws of this state in connection therewith,…
2Cases cited1 opinion
- Adams v. HartzellNorth Dakota Supreme Court · 1909