Davis v. Davis
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. Hon. George H. Marquis, Judge. Action by John B. Davis against Michael B. Davis, to recover land claimed by plaintiff as heir, and involving the competency of his father in quitclaiming the land to defendant. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Clark County. Hon. George H. Marquis, Judge. Action by John B. Davis against Michael B. Davis, to recover land claimed by plaintiff as heir, and involving the competency of his father in quitclaiming the land to defendant. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. A mortgage executed by a lunatic after the creation of the debt which it is given to seure, and on the faith of which no new consideration is parted with is invalid. D. M. Smith’s Com. v. Forsythe, 90 S. W. 1075 (Ky.). We contend that in this Kansas case it was…
1Opinion of the CourtCorson, J.
This is an -appeal by the defendant from a judgment in favor of the plaintiff and from the order denying a *428new trial. This is the second appeal in this action. The former decision is reported in 24 S. D. 474, 124 N. W. 715. The facts are so fully stated in that opinion that it is not necessary to repeat them in this opinion, and it must suffice to say that the action was instituted by the plaintiff to recover a quarter section of land in Clark county of which the plaintiff claims to- be the owner and entitled to possession as the only son and heir of Andrew J. Davis, deceased. . The case was…
2Cases cited9 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- State v. KlingerSupreme Court of Missouri · 1870
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- State v. LeehmanSouth Dakota Supreme Court · 1891
- Territory v. HartMontana Supreme Court · 1888
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3Cited by3 opinions
- In re Hackett's Estate v. HackettSouth Dakota Supreme Court · 1914
- Schmidt v. NorbeckSouth Dakota Supreme Court · 1922
- Brown v. BrownSouth Dakota Supreme Court · 1927