Brace v. Doble
South Dakota Supreme Court
This case was appealed to this court by the defendant from a judgment entered in the court below decreeing a specific performance of a court for the sale of certain real estate. In an opinion filed June 2, 1892, 3 S. D. 110, 52 N. W. 586, this court affirmed the judgment of the lower court. Defendant petitions for a rehearing. Mortgages of reál property may be acknowledged or proved, certified and recorded, in like manner and with the same effect as grants thereof.
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This case was appealed to this court by the defendant from a judgment entered in the court below decreeing a specific performance of a court for the sale of certain real estate. In an opinion filed June 2, 1892, 3 S. D. 110, 52 N. W. 586, this court affirmed the judgment of the lower court. Defendant petitions for a rehearing. Mortgages of reál property may be acknowledged or proved, certified and recorded, in like manner and with the same effect as grants thereof. Sections 4368, 3245, 3246, 3269, Comp. Laws. A deed or mortgage without witnesses or acknowledgment is good as against the…
1Opinion of the CourtKellam, J.
This case was decided at the last term of this court, and is reported in 52 N. W. Rep. 586, to which reference is made for the facts. It is now before us on a petition for rehearing by the appellant. The petition suggests but one point, which is not, we think, fully considered and discussed in the opinion, and that is this: The complaint alleged full performance by plaintiffs (respondents here) of their agreement to deliver deed. The answer denied. This was one of the direct issues in the case. On the trial plaintiffs offered evidence tending to show a refusal by defendant to perform on his…
2Cases cited16 opinions
- Boyce v. California Stage Co.California Supreme Court · 1864
- Roberts v. GrahamSupreme Court of the United States · 1868
- Oakley v. . MortonNew York Court of Appeals · 1854
- Catlin v. . GunterNew York Court of Appeals · 1854
- Whitney v. SuttonNew York Supreme Court · 1833
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3Cited by2 opinions
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- West v. AirthWashington Supreme Court · 1941