Birchard v. Simons

Plaintiff instituted this action to determine adverse claims to real property. The trial court found' the facts and conclusions of law favorable to the defendant, and from judg ment thereon and from order denying motion for new trial plaintiff appeals.

The complaint alleges that Peter H. Simons, now deceased, acquired title to lot 5 and the south half of lot 4 of block 31 of the city of Winner, Tripp county, S. D.; that in his lifetime he made executed, and delivered to the defendant a warranty 'deed conveying the premises upon the express condition that the defendant was to hold the property…