Cannon v. Deming
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the plaintiff as assignee for the benefit,, of, creditors against the defendant as sheriff to' declare a deed of assignment valid and to restore property. Plaintiffs had judgment. Defendants appeal. The facts are stated in .the opinion. If the law commands or prohibits a thing to be done equity cannot enjoin the contrary or dispense with the obligation. 1 Story, Eq. Jur. § 64; Pom. Rem.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the plaintiff as assignee for the benefit,, of, creditors against the defendant as sheriff to' declare a deed of assignment valid and to restore property. Plaintiffs had judgment. Defendants appeal. The facts are stated in .the opinion. If the law commands or prohibits a thing to be done equity cannot enjoin the contrary or dispense with the obligation. 1 Story, Eq. Jur. § 64; Pom. Rem. R. § 529.' The knowledge and assent of a party is a legal conclusion. Moore v. Westervelt, 2 Duer, 59; Bloodgood v. Bruen, 4…
1Opinion of the CourtBennett, P. J.
So far as is necessary for the determination of this appeal, the facts in the above-entitled action are as follows: On or about June 8, 1888, Walter M. Savage was doing business in the city of Watertown as a hardware merchant. Being in embarrassed financial circumstances, he made an alleged assignment of his property, real and personal, except his legal *426exemptions, for the benefit of Ms creditors, to Cassius M. Cannon, one of the respondents. The deed of assignment was filed for record and recorded in the office of the register of deeds of Codington county. The respondent Cannon accepted…
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