Mustar v. McComb
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action, by Z. P. Mustar, against Edwin McComb and H. H. Hanson,, as sheriff of Spink county, South Dakota, to determine1 ownership of certain land. Erom a judgment for defendant; and from an order 'denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action, by Z. P. Mustar, against Edwin McComb and H. H. Hanson,, as sheriff of Spink county, South Dakota, to determine1 ownership of certain land. Erom a judgment for defendant; and from an order 'denying a new trial, plaintiff appeals. (2) To point two of the opinion, Respondents cited: Burt v. Timmons (W. Va.) 2 S. E. 780; Bump, Eraudulent Conveyances, 96. (3) To point three of the opinion, Respondents cited: 20 Cyc. 449, and cases there cited. (4) To point four of the opinion, Appellant cited: .20 Cyc. pp. 474-5. (5) To…
1Opinion of the CourtFoeley, J.
This action was brought to determine the ownership of a half section of land' in Spink county. Prior to the transactions involved in this case the land was owned by one G. H. Brown. He executed a deed conveying the land to' his brother, W. H. Brown, who in turn sold it to -the plaintiff. The deed in question was executed' on the 27th day of September, *442A. D. 1913. It contained an error in the description of the land intended to 'be conveyed, and a second deed was executed on the 9th day oif March, A. D. 19x4, for the purpose of correcting the mistake made in the first. The defendant McComb, an…
2Cases cited8 opinions
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Shea v. HynesSupreme Court of Minnesota · 1903
- Walklin v. HorswillSouth Dakota Supreme Court · 1909
- Gardner v. HainesSouth Dakota Supreme Court · 1905
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3Cited by1 opinion
- Mustar v. McCombSouth Dakota Supreme Court · 1918