Gould v. Tucker
South Dakota Supreme Court
Appeal from circuit court, Spink county; Hon. J. H. McCoy, Judge. Action by Mina A. Gould against O. C. Tucker and another. From a judgment in favor of plaintiff, defendants appeal.
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Appeal from circuit court, Spink county; Hon. J. H. McCoy, Judge. Action by Mina A. Gould against O. C. Tucker and another. From a judgment in favor of plaintiff, defendants appeal. The issuance of the patent after the entryman has com • pleted his final proof is only a ministerial or clerical act on the part of the government and neglect or delay in the issuance of the patent by the government, when there is no appeal or con test pending, does not affect the rights of the entryman and his ownership of the property. Myers v. Croft, 13 Wall 291; Brill v. Stiles, 35 111. 209; Sillyman v. King,…
1Opinion of the CourtCorson, P. J.
This is an action by the plaintiff to enjoin the defendant Tucker, a judgment creditor, and E. B. King as sheriff, from selling certain real estate in Spink county claimed by the plaintiff. The case was tried to the court without a jury, and, the findings and judgment being in favor of the plaintiff, the defendants have appealed.
The findings of the court are based on an agreed statement of facts, and may be briefly stated as follows: That plaintiff is the widow of one James S. Gould, deceased, who departed this life on the 24th day of February, 1895, leaving surviving him the plaintiff and…
2Cases cited4 opinions
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- Seymour v. SandersU.S. Circuit Court for the District of Minnesota · 1874
- Van Doren v. MillerSouth Dakota Supreme Court · 1901
- Etscheid v. BakerWisconsin Supreme Court · 1901
3Cited by3 opinions
- Gould v. TuckerSouth Dakota Supreme Court · 1905
- Heran v. ElmoreSouth Dakota Supreme Court · 1916
- County of Codington v. LindnerSouth Dakota Supreme Court · 1917