Mach v. Blanchard
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon E. G. Smith, Judge. Action by Annie Mach against William Blanchard for the cancellation of a mortgage. From a judgment in favor of the plaintiff, the defendant appeals.
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Appeal from circuit court, Yankton county. Hon E. G. Smith, Judge. Action by Annie Mach against William Blanchard for the cancellation of a mortgage. From a judgment in favor of the plaintiff, the defendant appeals. Where the complaint states a cause of action, (as this court has held this did.) and the plaintiff in his special prayer has failed to ask sufficient relief, or has even mistaken the particular relief to which he is entitled, he can have full adequate relief under á general prayer such as was attached to this complaint. Mutual B. & L. Ass. v. Wyeth, 17 So. 45; People ex rel Field…
1Opinion of the CourtPIanEy, P. J.
This appeal is from an order sustaining a demurrer to the answer on the ground that it fails to state a defense. Defendant having elected to stand on his 'answer, judgment was rendered in favor of the plaintiff, from which the defendant appealed.
*436The following facts are admitted by the demurrer: In September, 1882, Joseph Parszyk, who owned a quarter section of land in Yankton county, executed and delivered a warranty deed purporting to convey the same to Annie Mach, plaintiff in this action. The deed, having been duly acknowledged, was recorded October 3, 1882. In November, 1896, Parszyk…
2Cases cited13 opinions
- Lord v. HawkinsSupreme Court of Minnesota · 1888
- In re TaylorSouth Dakota Supreme Court · 1895
- Bond v. PachecoCalifornia Supreme Court · 1866
- Chase v. ChristiansonCalifornia Supreme Court · 1871
- Ketchum v. WhiteSupreme Court of Iowa · 1887
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3Cited by12 opinions
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Scannell v. Ed. Ferreirinha & Irmao, Lda.Massachusetts Supreme Judicial Court · 1987
- Cohen v. CohenCalifornia Supreme Court · 1906
- Coleman v. MeyerOregon Supreme Court · 1972
- First State Bank of Sinai v. HylandSouth Dakota Supreme Court · 1987
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