Berry v. Howard
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Ho-n. Frank McNulty, Judge. Action by Albert Berry, as administrator of the estate of E-berhart Thomson, deceased, against Charles A. Howard and another, for cancellation' of a -tax deed and to quiet title. From a judgment for plaintiff, and an- order denying a new trial, the defendant named- appeals.
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Appeal from Circuit Court, Brown County. Ho-n. Frank McNulty, Judge. Action by Albert Berry, as administrator of the estate of E-berhart Thomson, deceased, against Charles A. Howard and another, for cancellation' of a -tax deed and to quiet title. From a judgment for plaintiff, and an- order denying a new trial, the defendant named- appeals. The affidavit of tile .owner of -the certificate and of the owner’s agent,, show the service of this notice, and until there is some evidence to show that it was not served, in fact, as specified in those affidavits, the proof of service is conclusive.…
1Opinion of the CourtPolle'Y, J.
The record in this case shows that one Bberhart Thomson -died intestate, on the 3d day of March, 1904, and that, at the time of his death, he was seised in fee of a 120-acre tract of land in Brown county; that, in 1905, this land was sold by the treasurer -of the -county for the 1904 taxes thereon; that, no redemption having been made from said sale, a treasurer’s deed, purporting to -convey the said land to the purchaser at the said tax sale, was issued on the 25th -day of March, 1908; and that thereafter, on the nth d-ay of May, 1908,'the grantee in said treasurer’s deed conveyed the said…
2Cases cited10 opinions
- Steele v. MurrySupreme Court of Iowa · 1890
- Coughran v. MarkleySouth Dakota Supreme Court · 1901
- Grimes v. EllysonSupreme Court of Iowa · 1905
- Slyfield v. BarnumSupreme Court of Iowa · 1887
- Grigsby v. WopschallSouth Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Davis v. KresslySouth Dakota Supreme Court · 1961
- Ryken v. StateSouth Dakota Supreme Court · 1981
- Caldwell v. PiersonSouth Dakota Supreme Court · 1916
- Brekke v. City of Sioux FallsSouth Dakota Supreme Court · 1949
- Jackson v. BartaSouth Dakota Supreme Court · 1951
3 more not listed; retrieve them via the Exa API.