Cook v. Cook
South Dakota Supreme Court
Appeal from Circuit Court, Custer Count)'-. Hon. Levi McGee, Judge. Action by Charles M. Cook against William F. Cook and others. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Custer Count)'-. Hon. Levi McGee, Judge. Action by Charles M. Cook against William F. Cook and others. Judgment for defendants, and plaintiff appeals. Where there has been a parole gift of land, and the' donee upon the faith of such gift, has done certain acts, such as entering upon and taking possession of the property and making valuable improvements upon it, the gift will be upheld, or the specific performance of a promise to convey will be enforced, notwithstanding the fact that there is no written evidence of the transaction. 14 American and Eng. Enc. of Law,…
1Opinion of the CourtWhiting, J.
This action was brought by -the plaintiff to recover title to, and possession of, a certain piece of real estate in''Custer'cóünty,'S. D.. It is claimed by the plaintiff'that his father,, Wjliiam ,F. .Cook,,one .of .the. defendants herein, purchased the land .-.in question for the .purpose of-giving the -same, > and did give the same, to the plaintiff, and that the plaintiff with his fam*225ily, relying upon said gift, moved upon the land in question, and made valuable» improvements thereon, and by so doing he became the owner under such parol gift. It is his contention that this gift was word of…
2Cases cited5 opinions
- Poullain v. PoullainSupreme Court of Georgia · 1886
- Truman v. TrumanSupreme Court of Iowa · 1890
- Wilson v. WilsonSupreme Court of Iowa · 1896
- Story v. BlackMontana Supreme Court · 1883
- Schoonmaker v. PlummerIllinois Supreme Court · 1892
3Cited by4 opinions
- Heuer v. HeuerNorth Dakota Supreme Court · 1934
- Bentz v. EsterlingSouth Dakota Supreme Court · 1956
- Christensen v. ChristensenSouth Dakota Supreme Court · 1934
- Smith v. DanforthSouth Dakota Supreme Court · 1929