Lund v. Thackery
South Dakota Supreme Court
Appeal from circuit court, Davison county; Hon. Frank Smith, Judge. Action by J, C- Lund against G. W. Thackery and another. From a judgment for plaintiff, defendants appeal: An instrument purporting to convey the fee simple title to land, is of no legal effect as a conveyance of real estate until the name of the grantee appears therein.
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Appeal from circuit court, Davison county; Hon. Frank Smith, Judge. Action by J, C- Lund against G. W. Thackery and another. From a judgment for plaintiff, defendants appeal: An instrument purporting to convey the fee simple title to land, is of no legal effect as a conveyance of real estate until the name of the grantee appears therein. Wunderlin v. Cadogan, 50 Cal. 613; Garnet v. Garnet’s Lessee, 23 Ky. 545; Allen v. Withrow, 110 U. S. 119; Clark v. Butts, 76 N. W. 199; Allen v. Allen, 51 N. W. 473; Upton v. Archer, 41 Cal. 85; Yiser v. Rice, 33 Tex. 139; Bragg v. Fessenden, 11 111. 544;…
1Opinion of the Court
Corson, P. J..In August, 1902, the defendant, G. W. Thackery and wife signed and acknowledged an instrument in writing purporting to be a deed of a quarter section of land situated in Davison county, in this state. No grantee was named in the instrument, nor was the consideration expressed therein. G. W. Thackery and wife were residents of the state of Illinois, and the instrument so signed and acknowledged was left in the hands of one J. W. Hunt, who also resided in that state. Hunt subsequently forwarded the instrument, with the name of the grantee and the consideration in blank, to the…
2Cases cited6 opinions
- Whitaker v. MillerIllinois Supreme Court · 1876
- Upton v. ArcherCalifornia Supreme Court · 1871
- Chase v. PalmerIllinois Supreme Court · 1862
- Ingram v. LittleSupreme Court of Georgia · 1853
- Wunderlin v. CadoganCalifornia Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Trout v. TaylorCalifornia Supreme Court · 1934
- Argyle v. SlemakerIdaho Supreme Court · 1978
- Jones v. CoulterCalifornia Court of Appeal · 1925
- Dahlberg v. Johnson's EstateIdaho Supreme Court · 1949
- Cox v. KirkwoodSupreme Court of Oklahoma · 1916
10 more not listed; retrieve them via the Exa API.