Bliss v. Tidrick
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Alida C. Bliss against C: D. Tidrick. From a judgment for plaintiff an an order denying a new trial, defendant appeals. It is only an instrument that has some validity, and may in some manner affect real estate that can be recorded. There is no statute authorizing the recording of a void instrument. Stone v. French, I Am.
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Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Alida C. Bliss against C: D. Tidrick. From a judgment for plaintiff an an order denying a new trial, defendant appeals. It is only an instrument that has some validity, and may in some manner affect real estate that can be recorded. There is no statute authorizing the recording of a void instrument. Stone v. French, I Am. St. 241. One who is in a representative capacity assumes to' sell and convey to another the entire estate and land, is estopped, as against the purchaser from asserting an estate in his own right…
1Opinion of the CourtWhiting, P. J.
This action was 'brought to determine the title in and to certain land in Brule county, S. D., of which’land one Ole Larson died seised, leaving surviving him his widow, Anna Larson, and several children. Plaintiff claimed to have received title to an undivided one-third interest in and to said land-under and by virtue of .a deed from one E. C. Rowell, dated September 20, 1902, and recorded September 22, 1902, and plaintiff contended that her said grantor received title to said undivided one-third interest in said land under and by virtue of an instrument recorded in the office of the…
2Cases cited11 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Stone v. FrenchSupreme Court of Kansas · 1887
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Brown v. EdsonSupreme Court of Vermont · 1851
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chesnut v. Master LaboratoriesNebraska Supreme Court · 1947
- Manhattan State Bank v. HaidSupreme Court of Kansas · 1916
- Poston v. DelfelderWyoming Supreme Court · 1928
- Senechal v. SenechalSouth Dakota Supreme Court · 1962
- Spitzley v. SpitzleyMichigan Supreme Court · 2007
6 more not listed; retrieve them via the Exa API.