Decory v. Nelson
South Dakota Supreme Court
Appeal from Circuit Court, Dyman County. Hon. William Williamson, Judge. Action by Maggie Decory, against Olof Nelson, to quiet title. Prom a judgment for plaintiff, aniel from an order denying a new trial, defendant appeals. (1) To point one of tire opinion, Appellant cited: Pol.
Read the full summary
Appeal from Circuit Court, Dyman County. Hon. William Williamson, Judge. Action by Maggie Decory, against Olof Nelson, to quiet title. Prom a judgment for plaintiff, aniel from an order denying a new trial, defendant appeals. (1) To point one of tire opinion, Appellant cited: Pol. Code, Sec. 2214. Respondent cited: Weller v. Platt, 33 S. D. 509; MacKin-non v. Puller, 146 Nr-W. 911; Berry v. Howard, 146 N. W. 577; McKinney v. Minnehaha 'County, 17 S. D. 407. (2) To point two of the opinion, Appellant cited: Pol. Code, Sec. 2212; Burton v. Oooly, [S. D.) 118 N'. W. 1028; Matdhiill v. Libig,…
1Opinion of the CourtSmith., J.
Action under the provision's of' chapter 81 of the Daws of 1905 i101 determine conflicting claims to real property. The complaint is in the usual! form. The only issue material to this appeal arises from defendant’s affirmative defense alleging title in (himself under at 'tax' dead dated March- 18, 1914.
Appellant’s case hinges upon, the validity of this deed. The trial court held the deed invalid and1 void and gave judgment for *55plaintiff. The land was sold November* 13, 1911, for taxes of 1910 •amounting to $4.05. Thereafter appellant paid taxes for the years 19 n to 1913, inclusive,…
2Cases cited4 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1915
- Weller v. PlattSouth Dakota Supreme Court · 1914
- Berry v. HowardSouth Dakota Supreme Court · 1914
- Burton v. CooleySouth Dakota Supreme Court · 1908