State v. Darling
South Dakota Supreme Court
Appeal from Circuit Court, Sully County. Hon. John F. Hughes, Judge. Action by the State of South Dakota, against A. D. Darling, to foreclose contracts of purchase of state school lands. From an order overruling a demurrer to the complaint, defendant appeals. (3) To point three of the opinion, Appellant cited.
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Appeal from Circuit Court, Sully County. Hon. John F. Hughes, Judge. Action by the State of South Dakota, against A. D. Darling, to foreclose contracts of purchase of state school lands. From an order overruling a demurrer to the complaint, defendant appeals. (3) To point three of the opinion, Appellant cited. Black on Rescissions, Sec. 616; Anderson v. Haskell, 45 Iowa, 45; Hickman v. Long, 34 S. D. 639'. Respondent cited: Laws- 1911, Cli. 224, Sec. 42; Laws 1913, Oh. 138, Sec. 1.
1Opinion of the CourtMcGO'Y, J.
The plaintiff by its complaint in substance alleged: That on the 2nd day of May, 1910, under and by virtue of the laws of the state of South Dakota relative to the sale of school lands, it entered into certain cotmracts of sale, by and through its commissioner of school and public lands, whereby, under certain conditions, it agreed to> sell and convey title to defendant to 640 agres of school lands situated in Sully county for the aggregate sum of $19,360. That the said contracts contained the condition that if the purchaser, the defendant, or his legal representatives, shall pay to the…
2Cases cited3 opinions
- O'Connor v. HughesSupreme Court of Minnesota · 1886
- Keator v. FergusonSouth Dakota Supreme Court · 1906
- Speer v. PhillipsSouth Dakota Supreme Court · 1909
3Cited by6 opinions
- Walsh v. BellamySouth Dakota Supreme Court · 1942
- In Re CarverUnited States Bankruptcy Court, D. South Dakota · 1986
- Alma Group, L.L.C. v. WeissSouth Dakota Supreme Court · 2000
- Wyatt v. Meade County BankSouth Dakota Supreme Court · 1918
- Terpin v. DaughertySouth Dakota Supreme Court · 1928
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