Pier v. Lee
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smiti-i, Judge. Action by Joseph Pier against Joseph Lee to quiet title to real estate. From a judgment in favor of plaintiff, defendant appeals. This action being one to enforce a penalty or forfeiture cannot be maintained either under our code or under the established rules of equity procedure. Comp. Laws, §§ 4622, 4623; Beach on Contracts, 359; Story Eq.
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Appeal from circuit court, Yankton county. Hon. E. G. Smiti-i, Judge. Action by Joseph Pier against Joseph Lee to quiet title to real estate. From a judgment in favor of plaintiff, defendant appeals. This action being one to enforce a penalty or forfeiture cannot be maintained either under our code or under the established rules of equity procedure. Comp. Laws, §§ 4622, 4623; Beach on Contracts, 359; Story Eq. Juris. 1319; Keller v. Lewis, 53 Cal. x 14; McCormick v. Rossi, 15 Pac. 35; Beecher v. Beecher, 43 Conn. 556; City v. Eorney, 61 la. 584; Brown v. Railroad, 82 N. W. 1003; Crane v.…
1Opinion of the CourtCorson, J.
This is an action to quiet title to and recover the possession of certain real estate situated in Yankton county, together with the value of the rents, profits, and issues of said land during the time the same has been occupied and possessed by the defendant, which are alleged to be of the value of $100 per anum. *603The defendant in his answer admits that prior to September 2, 1889, the plaintiff was the owner in fee and entitled to the possession of said land; admits that the defendant claims an estate and interest in said land adverse to the plaintiff, and has been in possession thereof since…
2Cases cited8 opinions
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- McCourt v. JohnsOregon Supreme Court · 1898
- Basse v. GalleggerWisconsin Supreme Court · 1859
- Merriam v. GoodlettNebraska Supreme Court · 1893
- Phillips v. CarverWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Fratt v. Daniels-Jones Co.Montana Supreme Court · 1913
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
16 more not listed; retrieve them via the Exa API.